Personnel Policy
CHAPTER 40: NON-DISCRIMINATION POLICY
40.01 Non Discrimination Policy
It is the policy of the Town not to discriminate against any employee or applicant for employment due to the race, color, religion, sex, national origin, age, or handicap of that individual. This policy extends to all phase of employment and shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer;
Recruitment or recruitment advertising;
Lay-off or termination;
Rates of pay or other forms of compensation; and
Selection for training, including apprenticeship.
CHAPTER 41: PERSONNEL POLICY
Section
41.01 Definitions
41.02 Work Schedules
41.03 Modifications
41.04 Approval
41.05 Overtime
41.01 Training Programs
41.02 Lunch Hour
41.03 Written Records
41.04 Applicability
41.01 DEFINITIONS
As used in this Code section “Department Head” includes the heads of
(1) the street department;
(2) the water and sewage department;
(3) the police department (including dispatchers);
(4) the park department.
“Department Head” does not include the Clerk-Treasurer and the Water Clerk.
41.02 WORK SCHEDULES
All department heads shall submit a twelve (12) month calendar for each employee to the Clerk-Treasurer’s office and must specify the work schedule for the employee for the entire twelve (12) months, beginning on January 1. The calendar shall be filed in the Clerk-Treasurer’s office no later than December 1 prior to the January 1 on which it begins.
41.03 MODIFICATIONS
(a) If any modifications in any calendar are required during its twelve (12) month term, the department head shall submit to the Council a modified calendar for the remainder of the year. This modified calendar shall be submitted at least thirty (30) days before its modifications are scheduled to occur.
(b) The Council may waive the thirty-(30) day requirement and approve the modification in a shorter time if it determines that the waiver would be in the best interest of the Town.
41.04 APPROVAL
The calendars submitted under this Code section must be approved by vote of the Council in accordance with State Law.
41.05 OVERTIME
A. No employee may work more than forty (40) hours per week without prior Council approval. The department head may declare an emergency and work any employee more than forty (40) hours per week if the department head determines the overtime to be essential to submit any declaration of emergency and granting of overtime to the Council at its next regular meeting for review. Employees will receive overtime (time and one half) for any hours worked in excess of forty hours in any given week.
B. No time and half pay will be received until a Town Employee has physically worked his/her scheduled hours in a two week pay period. Any vacation days, personal days or scheduled holidays taken during the two-week pay period will count as hours physically worked. All overtime hours will be compensated at straight time rate until completion of scheduled work hours.
C. Police Officers whose weekly scheduled hours vary between seventy-two (72) and ninety-six (96) hours per two week period, must physically work the scheduled hours to receive one and one half times their regular hourly rate. If the Police Officer has not physically worked eighty-six (86) hours per two week period, the police officer will not be entitled to overtime pay. Any vacation days or personal days taken during the two week period will be paid at a straight time rate.
D. Any employee who is requested in a emergency situation to work during a week in which the employee has a scheduled vacation or is not at work because the employee is utilizing available personal days, the employee shall be paid overtime pay for the; hours worked even though such employee has not physically worked forty (40) hours during the week. Such overtime pay shall be paid to the employee so long as the employee has a total of forty (40) hours either physically worked or forty (40) hours of vacation or personal days, or any combination thereof. Amended Ord 8-1998; adopted 8-10-98.
E. Any employee who is requested to perform routine testing on a scheduled holiday shall be paid overtime only if the employee has physically worked forty (40) hours during the week. If the employee has not physically worked forty (40) hours they will receive regular rate of pay for hours actually worked.
F. Any employee who is called out beyond regular scheduled hours will be paid a minimum of one hour each time any employee is called out.
G. In the event a part-time radio dispatcher or a part-time officer for the police department is required to work on Thanksgiving Day Christmas Eve, or Christmas Day, the part-time employee will receive time and half pay for hours actually worked. The Holiday pay will be their regular rate of pay time the hours actually worked.
41.06 TRAINING PROGRAMS
Any employee who wishes to attend a training program outside of the Town may do so if the employee obtains the approval of the Council at a meeting prior to the training program.
41.07 LUNCH HOURS
All employees except members of the police department, including dispatchers, are entitled to one (1) hour for lunch. This hour shall not be counted against the forty (40) hour per week maximum and shall not be compensated for by the Town.
41.08 WRITTEN RECORDS
A department head shall provide the Clerk-Treasurer with a written report of the hours worked by each employee for each two (2) week period. The reports shall be submitted on a form provided by the Clerk-Treasurer shall maintain these reports in the; municipal Building as public records under State Law. These reports may be used to resolve any dispute concerning the hours worked by any employee.
41.09 APPLICABILITY
This Code section does not apply to department heads (except as specifically provided), to Park Board members, Town Board members, the Clerk-Treasurer, the Deputy Clerk, or to any other employee exempt under the Fair Labor and Standards Act.
Ord. 9-1985; adopted 12-9-95
Ord. 3-1997; adopted 3-10-97
Ord. 9-2001; adopted 12-27-01
Ord. 1-2003; adopted 2-10-03
Parallel citation:IC5-10-6-1 executive order for state employees- Ordinance for other public employees.
CHAPTER 42: EMPLOYEE BENEFITS AND POLICIES
Section
42.01 Definitions
42.02 Disability Pay (Non work-related)
42.03 Disability Pay (Work-related)
42.04 Holiday Pay Excluding Police Department
42.05 Holiday Pay Police Department
42.06 Vacations Allowance
42.07 Absence Day allowance
42.08 Funeral Leave
42.09 Vacation Scheduling
42.10 Vehicle Policy
42.11 Policy for Purchase Orders
42.12 Attendance at Town Council Meetings
42.13 Close Family Members Working in Same Department
42.01 DEFINITIONS
a) ELIGIBILITY: Any full time employee of the Town of Fairmount for one (1) year or more, who is on the payroll on January 1st of the following year, shall be eligible for holiday, vacation, absence, and funeral leave pay. All Department Heads and Supervisors will be eligible for vacation absence and funeral leave pay after completing their probationary period.
b) ANNIVERSARY DATE: Employees with less than two (2) years service will use anniversary date of employment for the purpose of determining Town benefits.
c) PROBATIONARY PERIOD: All full-time employees of the Town of Fairmount shall be considered as probationary employee for the first six (6) months and may be terminated at any time without notice. Probationary employees may not accumulate any benefits whatsoever.
d) TEMPORARY EMPLOYEE: Temporary employees are defined as any employee who works less than thirty (30) hours per week. Temporary employees are not entitled to any benefits.
e) TERMINATION OF EMPLOYMENT: When the employment relationship is terminated for any reason, whether voluntarily or involuntarily, no unused benefits shall be payable to the employee.
f) CALENDAR HOLIDAY: 12:00 midnight to 12:00 midnight on the calendar day upon which the holiday falls.
g) POLICE DEPARTMENT: For purposes of this ordinance, police department shall include all full-time Police Officers and Dispatchers.
h) FAMILY MEMBER: is defined as the spouse, parent, child, grandchild, brother, sister, mother-in-law, father-in-law, aunt or uncle of an employee of the Town of Fairmount.
42.02 DISABILITY PAY NON-RELATED ACCIDENT OR ILLNESS.
In the event an employee becomes disabled due to any non-work related accident or illness, the Town may place, or the employee may request, an unpaid sick leave of absence not to exceed three (3) months in the event that medical evidence indicates the employee is unable to perform his or her duties. An employee shall not be entitled to more than three (3) months of sick leave for a non-related accident or illness within twelve (12) consecutive months. Any employee who does not return to work for the performance of his or her duties prior to the completion of said three (3) months period shall have no further rights or benefits and his or her employment with the Town shall terminate.
In the event an employee becomes disabled due to any non-related work accident or illness, he or she will be paid as provided for in the Group Health Insurance Policy in effect at the time the disability occurs. Proof of disability shall be provided in the manner required by the group health care provider. Employee will return to work only after providing the Clerk-Treasurer with a physician’s release stating that the employee may return to work with a specific date and time, and must be able to perform normal duties.
To the event that the sick leave period provided herein may be in contravention of any portions of the Americans With Disabilities Act or the Family and Medical Leave Act, provisions of the Americans With Disabilities Act and the Family and Medical Leave Act shall control.
42.03 DISABILITY PAY WORK-RELATED ACCIDENT OR ILLNESS
In the event of work-related accident or illness, provisions of the Workmen’s compensation Law of Indiana will be used to determine the benefits, and time when an employee may return to work, except that any employees who are injured as a result of a work-related accident or illness shall be entitled to be paid by the Town the difference between his Workmen’s compensation benefits and his regular pay for a period of not to exceed two (2) weeks.
Ord #1-1991 passed 1-28-91
Amends Ord #9-1986 passed 10-8-87.
42.04 HOLIDAY PAY EXCLUDING POLICE DEPARTMENT
In the event an employee is required to work on a Holiday, the employee will receive their regular pay and Holiday pay in addition, for the hours actually worked. In the event any employee is not required to work on a Holiday, the employee will be paid his or her regular pay. Holidays, for the purpose of this section are:
New Years Day Memorial Day
Independence Day Labor Day
Thanksgiving Day The Friday after Thanksgiving Day
Christmas Day President’s Day
Good Friday Primary Election Day (when applicable)
Veterans Day Christmas Eve
New Years Eve General Election Day (when applicable)
42.05 HOLIDAY PAY FOR POLICE DEPARTMENT
In the event a Police Department employee is required to work on a Holiday, the employee will receive their regular pay and Holiday Pay in addition, for the; hours actually worked. Police Department employees shall receive no pay for Holidays if the Holiday does not fall on a regularly scheduled workday. If the Town Marshal is scheduled to work on the holiday, he/she shall have that day off with no extra pay. Holidays, for purpose of this section are:
New Years Day Memorial Day
Independence Day Labor Day
Thanksgiving Day Day after Thanksgiving Day
Christmas Eve Christmas Day
Veterans Day New Year Eve
President’s Day Good Friday
42.06 VACATIONS ALLOWANCE
Those employees who are entitled to Vacation with pay will be based on the following general schedule:
(1) Five (5) days (40 Hours) vacation after one (1) year or more of continuous service.
(2) Ten (10) days (80 Hours) vacation after two (2) years or more of continuous service.
(3) Fifteen (15) days (120 Hours) vacation after five (5) years or more of continuous service.
(4) Twenty (20) days (160 Hours) vacation after ten (10) years or more of continuous service.
(5) Twenty-five (25) days (200 Hours) vacation after fifteen (15) years or more of continuous service.
(6) Thirty (30) days (240) vacation after twenty (20) years or more of con tenuous service.
(7) Thirty-Five (35) days (280 Hours) vacation after twenty-five (25) years or more of continuous service.
(8) Forty (40) days (320 Hours) vacation after thirty (30) years or more of continuous service.
(9) Unused vacation days at end of calendar year will be forfeited.
42.07 ABSENCE DAY ALLOWANCE
(1) Five (5) absence days per year shall be granted to those employees with more than six (6) months full-time employment.
(2) Any paid absence may be used for sickness or personal reasons.
(3) Unused absence days may not be accumulated, and will be forfeited at the end of the calendar year.
42.08 FUNERAL LEAVE
(1) In the event of a death in the immediate family, the employee will receive three (3) days paid leave of absence.
(a) Immediate Family shall be defined as:
1. Spouse
2. Son or Daughter
3. Mother or Father (Mother-in-Law or Father-in-Law) Step Parents
4. Brother or Sister
5. Son-in-law or Daughter-in-law
6. Grandchild
7. Grandparent
(2) In the event of a death in the family, the employee will receive one (1) day paid leave of absence.
(a) Family shall be defined as.
1. Brother-in-law or Sister-in-law
42.09 VACATION SCHEDULING
(1) All vacations are to be scheduled in advance, at a time agreeable with the Department Head, with notification given to the Town council at the next regular meeting.
(2) No more than one employee may be on vacation in any given department at one time.
(3) Vacation and personal days will have to be totally utilized before requests for days off without pay will be considered.
42.10 VEHICLE POLICY
(1) All vehicles licensed and maintained by the Town of Fairmount are official use only. No vehicle should be permitted outside the Town limits, except for official Town Business, and only when proper authorization has been granted through the Town Council, or the Department Head.
(2) Town vehicles and equipment will be used only by Town employees, town officials, and persons authorized by the Town Council. No other person or persons should be permitted to operate, or ride in these vehicles or equipment.
(3) The Town’s insurance coverage does not permit misuse of vehicles or equipment, which could be case for lawsuits, increase in the insurance premium costs, or IOSHA violations. THEREFORE, VIOLATIONS OF THIS POLICY WILL BE CAUSE FOR:
1. Warning
2. Suspension without pay
3. Termination
(4) Town employee will be paid the standard business mileage rate as allowed by the IRS per mile for travel outside of the Town of Fairmount when using the employee’s personal vehicle if the Town Council has previously approved such travel.
42.11 POLICY FOR PURCHASE ORDERS
(1) Any purchase over five hundred dollars ($500.00) must have a purchase order approval.
Amendment Ordinance 9-1986 adopted 8-10-87;
Amendment passed 2-22-88
Amendment passed 1-9-06
(2) Department heads must sign purchase orders. However, the Street Department is not required to submit purchase orders for the street materials monthly. The Utilities Departments are not required to submit purchase orders for chemicals used in normal operation of the water and wastewater plants and for any mandated or routine testing for the water and wastewater plants.
Amended Ord. #2-2000; adopted 2-14-00
(3) All purchase orders must be filled out completely.
(4) Purchase orders must be turned in to the Clerk-Treasurer’s office by Noon, Wednesday, prior to the regular Town Council Meeting, to be approved at the Council meeting. All purchased orders turned in after Noon, Wednesday, prior to the regular Town Council Meeting will be approved on the next scheduled council meeting. Emergency purchases
(5) may be made without prior approval, providing a Council Member and the Clerk-Treasurer signs the purchase order at the time of the purchase or repairs.
(6) A copy of the purchase order will be sent to the Vendor with the order, or when ordering by telephone, a purchase order number used.
(7) Purchase Orders shall contain:
A. Account Number and Balance
B. Reason for Purchase
C. Type of Vehicle and number for which purchase made, or piece of equipment being repaired.
D. Part Number and Description
E. Radio Equipment Make and Model Number
(8) Clerk-Treasurer will review all purchase orders and claim forms prior to the Council Meeting.
(9) Clerk-Treasurer reserves the right to refuse to pay any claim, which he feels is an unnecessary expense.
(10) In the event a claim is disapproved by the Clerk-Treasurer, the Clerk-Treasurer, Department Head, and Town Council Representative over the department will meet and discuss the claim.
(11) The Department Head will be responsible for all claims filed against that department.
42.12 ATTENDANCE AT TOWN COUNCIL MEETINGS
Department heads are required to attend all regular meetings of the Fairmount Town Council and special meetings involving their respective department. Exceptions will be made when Department Head is on vacation, sick leave, or excused by the Council President. Assistant Department Head should attend when Department Head cannot be present.
42.13 CLOSE FAMILY MEMBERS WORKING IN SAME DEPARTMENT
No family member of any full time employee shall be employed in the dame department in which that employee is currently assigned.
Ord #9-1986; adopted 1/26/87; amended 2/22/88;
Ord #8-1987; adopted 8/10/87
Ord #1-1991; adopted 1/28/91; amending Ord 9/1986
Ord #6-1994; adopted 9/12/94
Ord #3-1995; adopted 1/23/95
Ord #3-1997; adopted 3/10/97
Ord #1-2006; adopted 1/9/2006
Ord #4-2008; adopted 2/11/08
CHAPTER 44: DRUG-FREE WORKPLACE POLICY
Section
44.01 Purpose
44.02 Definitions
44.03 Policy
44.04 Policy Violations
44.01 Purpose
The Town of Fairmount, Indiana (the “Town”) has vital interest in maintaining a safe, healthy, and producible work environment for its employees and others having business with the Town. To facilitate this, the Town is establishing this Drug-Free Workplace Policy (the “Policy”).
To achieve as safe a workplace as possible, employees must be able to work in a drug-free environment and be free from the effects of drugs, alcohol, or other substances that impair job performance or pose a hazard to the safety and welfare of their fellow employees and the public.
44.02 Definitions:
“Drug” means narcotics, depressants, stimulants, hallucinates, cannabis (marijuana and hashish), and any other substance that can alter the mood, perception, pain threshold, judgment, or ability of the employee to perform their duties in a safe manner.
“Illegal Drug” means any drug that is not legally obtained by the employee. The term also refers to prescription drugs, which are legally obtained but are not used according to prescribed instructions.
“Prescription Drug” means any drug lawfully prescribed for the employee and which is used according to prescribed instructions.
“Alcohol” means any beverage that has any alcoholic content. Although alcohol is a drug, it will be referred to separately in this policy for purposes of clarity.
“Medical Review Officer” means a licensed doctor designated by the Town to review the results of the drug and alcohol tests administered pursuant to the Policy.
“Policy Administrator” is the person designated by the Town Council of the Town of Fairmount, Indiana, to administer the Policy.
“Under the Influence” for purpose of the policy means:
Alcohol – The employee’s blood alcohol level is .04 or more.
Drugs – The employee’s drug test is positive and the Medical review Officer and Policy Administrator have reasonable grounds to believe the employee’s ability to safely and properly perform their job was impaired at the time the drug test was administered (unless the Medical Review Officer determines a legitimate reason exists for the presence of the drug in the employee’s system).
“Workplace” shall include the Town Hall, sewage treatment plant, street department barn, all other work locations, desks, lockers, parking lots used by employees while working, employee vehicles located on the Town’s parking lot, all of the Town’s vehicles while engaged in business or personal use, and any other location in or about the Town of Fairmount while the employee is carrying on his regular assigned duties for and on behalf of the Town.
44.03 Policy
“Illegal Drugs” the consumption, use, possession, sale, distribution, dispensation, or manufacture or an Illegal Drug in the Workplace is prohibited. The police will be notified immediately if any suspected. Illegal Drug is found in the Workplace.
“Alcohol” No alcoholic beverage may be consumed during established work hours, including time taken for lunch, dinner, authorized breads, etc., even if taken off premises.
“Prohibition” Being under the influence of Drugs or Alcohol is prohibited while performing Town’s business, whether in the Workplace of off premises.
“Prescription Drugs” Employees who believe or have been told that their use of a Prescription Drug may present a potential safety problem are to report such use to the Policy Administrator. A decision may be made to temporarily change their job function to ensure their safety, that of their fellow employees, and that of Town property.
“Condition of Employment” As a condition of employment, all employees must:
Abide by the conditions of this policy.
Notify management within five (5) days of any criminal conviction, including Illegal Drugs or Alcohol.
“Drug Testing”
The health and well being of the employees and the safe and efficient operation of Town business are very important. If a person develops a drug or alcohol abuse problem, the detection at the earliest stage provides the best opportunity to protect persons and property and for private appropriate counseling and treatment, which counseling and treatment will not be paid for by the Town. To help the Town in this regard, drug and alcohol test will be utilized in the following situations:
a. Pre-Employment – All final applicants for employment will be asked to take a urine test to detect the presence of drugs in their body. Those individuals declining top take the test or testing positive will not be hired.
b. For Cause – The policy Administrator may require an Employee to submit to a drug or alcohol test if the Policy Administrator has reasonable grounds to believe the employee is Under the Influence of Drugs or Alcohol.
c. Random Testing of Employees – The Policy Administrator shall have the authority to require all or any employees to submit to a urine-based drug testing on ten (10) days notice.
d. Post-Treatment Monitoring – Employees returning to work after drug rehabilitation treatment will be subject to urine-based drug testing without prior notice for a period of two (2) years.
An employee required to take a “For Cause” drug test will not be allowed to return to their job until the result of the drug test is know if that job involves any safety related functions, including without limitation, the operation of any of the Town’s motor vehicles. During this time, at the discretion of the Town, the employee will be assigned to another job, and may be prohibited from operating any motor vehicles owned by the Town.
Only qualified medical and laboratory personnel will conduct drug and alcohol specimen collections and laboratory analyses. The laboratory used will be certified by the National Institute for Drug Abuse (NIDA) or other agency specified by law. All positive tests will undergo a second confirmation test using a different methodology to ensure the validity of the initial test results.
44.04 Policy Violations
A. An employee (i) consuming, using, possessing, selling, distributing, dispensing, or manufacturing any Illegal Drug in the Workplace; (ii) consuming alcohol during established work hours (except during a Town authorized event); (iii) being Under the influence of Drugs or Alcohol while performing Town business; or (iv) who refuses to submit to required drug testing or to participate in required rehabilitation, is subject to disciplinary action, including, without limitation, termination.
B. Employees with positive drug or alcohol test results who are not Under the Influence at the time the test is administered will be subject to urine-based drug testing without prior notice for a period of six (6) months, and may be required to satisfactorily participate in and successfully complete a drug or alcohol rehabilitation program as a condition of employment.
Ordinance 11-1998; adopted 10-12-98.
CHAPTER 45: EMPLOYMENT OF CLOSE FAMILY MEMBERS
Section:
45.01 Purpose
45.02 Definition
45.03 Employment Policy
45.04 Contracting Policy
45.05 Submission of Compliance Statement.
45.01 Nepotism Policy:
a. Purpose. Decisions about hiring, promoting, evaluating, awarding salary increases, job assignment, terminating employees, and the awarding of contracts for goods, services, and public works projects should be based on the qualifications, performance and ability of the employee or contractor. The purpose of this policy is to prohibit certain individuals from being employed by the Town of Fairmount in a position in which a relative, as defined in this Section, provides direct supervision. Additionally, this policy regulates contracting with relatives of individuals employed by the Town of Fairmount for goods, services and public works projects.
45.02 Definitions:
1. Break in Employment.
Termination, retirement, or resignation of an employee for the Town. A break in employment does not occur due to absence from the workplace while on a paid or unpaid leave, including but not limited to: vacation, personal days, sick or family medical leave, or worker’s compensation leave, or if the employment is terminated followed by immediate re-employment by the town without loss of payroll time.
2. Town. The Town of Fairmount and its Departments.
3. 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. Such affect may include, but is not limited to, making decision about work assignments, compensation, grievances, advancement, or performance evaluation. Decisions and actions taken by Council Members regarding the passage of annual salary ordinance, annual budgets and personnel policies are excluded from this definition.
4. Elected Official. The Town Council Members and Clerk-Treasurer.
5. Employed. An Individual who works for or is appointed to any department of the Town on a full-time, part-time, intermittent, seasonal, hourly or contractual basis.
6. Relative. For the purpose of this Section the term includes any of the following:
a. Spouse;
b. Parent or Step Parent;
c. Child or Step Child (includes an adopted child and Grandchildren);
d. Sister, brother, step-sister, step-brother (includes sister or brother by half blood);
e. Niece or nephew;
f. Aunt or uncle;
g. Daughter-in-law or son-in-law; and
h. Sister-in-law or brother in-law.
45.03. Employment Policy.
1. Individuals who are relatives, as defined in subsection b. above, of existing employee 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.
2. An individual who is employed by the Town on July 1, 2012, is not subject to this nepotism policy unless the individual has a break in employment as defined herein, with the town. Employees employed by the Town on July 1, 2012 are as follows: Steven Deal, Dennis Mahoney, Joseph A. Solms, Lewis Shelton, Nathan Deal, Rhonda Pernod, Vickie Trent, Kelly Enlow, Roger Reneau, Richard Dollar, Josh Keller, Chester Johnson, Dillon McDaniel
3. If an individual is employed by the Town and the individual’s relative begins serving a term of elected office, the individual may continue his/her employment with the Town and retain his/her position or rank even if the individual’s position or rank would be in the direct line of supervision of the individual’s relative.
4. While an individual who is employed by the Town and the individual’s relative begins serving a term of elected office may continue his/her employment with the Town, that individual may not be promoted to a position or rank if the new position or rank would place that individual within the direct line of supervision of the individual’s relative.
5. If, as a result of marriage, birth, adoption, the creation of other family relationships, election results, or hiring decision, two individual who are current employees of the town are inadvertently placed into one of the categories described in the paragraph above, then such relatives shall determine which of such relatives will seek to transfer to another job or otherwise take action to comply with this policy. The Town shall have no obligation to either (1) create a new position or job opening for any current employee; or (2) transfer any current employee to a new or existing position or job opening if the individual does not meet all selection standards or fulfill all qualifications deemed to be required for the position by the Town. If the relatives are unable to determine which individual(s) will seek to transfer into another position or otherwise take action to comply with this policy, then the Town will make a determination to ensure the town compliance with this policy. A determination of the Town may include a decision to transfer, reassign, terminate or otherwise take action regarding one of the employees to ensure compliance with this policy. The Town’s decision may be based upon a variety of factors and criteria, including, but not limited to:
i Staffing and other needs;
ii The jobs being performed by the employees and the necessity of each such job relative to the continued operation of the town government;
iii Each employee’s skills, job knowledge, prior work history, job performance and abilities.
45.04 Contracting Policy.
The Town may enter into a new or renew a contract for the procurement of goods, services, or public works projects with a relative of an elected official or a business entity in which a relative has an ownership interest if:
1. The elected official files with the Town a full disclosure which must be:
a. In writing; and
b. Describe the contract or purchase to be made by the Town; and
c. Describe the relationship the elected official has to the individual or business entity that provides the contract for goods, services or public work projects.
2. The appropriate Town board or department;
a. Issues a certified statement that the contract amount or purchase price was the lowest amount or price bid offered; or
b. Issues a certified statement detailing the reason why the particular vendor or contractor was selected.
3. Town satisfies all other requirements of Indiana’s public purchasing IC 5-22 or public works projects IC 36-1-12 statues.
4. The elected official complies with disclosure provisions of IC 35-44-1-3.
45.05 Submission of Compliance Statement.
In addition to any other disclosures or certifications required by this Section, the following actions must be taken;
(1) The annual report filed by the Town with the State Board of Accounts under IC 5-11-13-1 must include the President’s statement that the Town has implemented a nepotism policy with regards to employment matters and the contracting for the procurement of goods and services.
(2) Prior to December 31st of each year, each elected officer shall submit to the President of the Fairmount Town Council a certification in writing, subject to the penalties of perjury, that said officer has not violated the provisions of the Town’s nepotism policy with regards to employment matters and the contracting for the procurement of goods and services.
SECTION 2. All existing employment policies, employee handbooks, and all ordinances or parts of ordinances in conflict with the provisions of his ordinances are hereby repealed.