Executive Order JB-2013-01 ■■ •
CITY OF CARMEL
EXECUTIVE ORDER
JB 2013 - 1
WHEREAS, the Indiana legislature, through P.L. 135-2012, mandated that Indiana
municipalities establish a policy regarding nepotism; and,
WHEREAS, the Carmel Common Council passed Ordinance D-2106-12 on October 1,
2012, confirming that the City had adopted a policy that meets or exceeds the minimum
requirements of Indiana Code 36-1-20.2, which policy may be amended from time to time; and,
WHEREAS, the City desires to amend the policy that went into effect July 1, 2012.
NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of
Carmel, Indiana, I, James Brainard, do hereby declare and order the following Nepotism Policy,
effective on and after August 1, 2013:
Effective July 1, 2012, the City may not employ individuals in positions that result in one
relative being in the direct line of supervision of the other relative.
An employee hired prior to July 1, 2012, is not subject to this policy unless the individual has a
break in employment with the City.
For purposes of this policy, the words and phrases contained herein shall have the following
meanings:
Relative shall mean spouse, parent, child (including adopted child), brother, sister, aunt, uncle,
niece, nephew, son-in-law, daughter-in-law, step-parent, step-child, step-brother, step-sister,
half brother or half sister.
Employed shall mean employed on a full-time, part-time, temporary, intermittent or hourly
basis. This term does not include an individual who holds only an elected office. This term does
include an individual who is party to an employment contract with the City.
Direct line of supervision shall mean 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.
This term does not include the responsibilities of the Mayor or the Common Council, as
provided by law, to make decisions regarding salary ordinances, budgets or personnel policies
of the City.
An employee hired after July 1, 2012, who is a relative of another employee that begins serving
a term of elected office with the City may remain employed by the City and may retain his or her
position or rank, even if this would otherwise violate the policy. However, the individual may not
be: 1) promoted to a position, in the case of a civilian employee; or 2) promoted to a position
that is not within the merit ranks, in the case of an individual who is a sworn member of the
police or fire department; if the new position would violate this policy.
It shall be the responsibility of each department director to ensure that:
1. All supervisory relationships within the department conform with the requirements of this
policy; and
2. Family relationships that do not violate this policy are managed so as not to disrupt the
operations of the department. The director shall have the authority to adjust work
assignments, shifts and physical work locations to maintain an appropriate distance
between relatives working in the same department.
SO ORDERED THIS / DAY OF August 2013.
1/'mes Brai ard, Mayor
ATTE T:
Stephen C. Engelking, Direc •r, Administration