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SENATE BILL No. 107

Citations Affected: IC 36-3-2-12.

Synopsis: Nepotism in Marion County political subdivisions. Provides that after June 30, 2006: (1) a relative of a member of a board, committee, council, or commission, or head of a department, an office, or an institution of a Marion County political subdivision may not be employed by the board, committee, council, commission, department, office, or institution or receive compensation from an appropriation; and (2) an individual may not be in a direct supervisory or subordinate relationship with a relative. Provides that compliance with the statute does not require the termination or reassignment of an employee of a political subdivision from a position held by the employee on and continuously after June 30, 2006. (The introduced version of this bill was prepared by the Marion County consolidation study commission.)

Effective: July 1, 2006.

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Young R Michael

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    January 9, 2006, read first time and referred to Committee on Governmental Affairs and Interstate Cooperation.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

SOURCE: IC 36-3-2-12; (06)IN0107.1.1. -->     SECTION 1. IC 36-3-2-12 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 12. (a) This section applies after June 30, 2006.
    (b) As used in this section, "relative" means:
        (1) a husband;
        (2) a wife;
        (3) a father;
        (4) a mother;
        (5) a son or son-in-law;
        (6) a daughter or daughter-in-law;
        (7) a brother;
        (8) a sister;
        (9) an aunt;
        (10) an uncle;
        (11) a niece; or
        (12) a nephew.
    (c) An individual who is a relative of a member of a board,

committee, council, or commission or the head of any office, department, or institution may not:
        (1) be employed in any position with the:
            (A) board, committee, council, or commission of which the individual's relative is a member; or
            (B) office, department, or institution that is headed by the individual's relative; or
        (2) receive any compensation for services from any appropriation by a political subdivision subject to this chapter.
    (d) An individual may not be employed in a position in which the individual would have a direct supervisory or subordinate relationship with the individual's relative.
    (e) This section does not apply to the following:
        (1) An individual employed in the same position with the board, committee, council, commission, office, department, or institution for at least twelve (12) consecutive months immediately before the appointment or election of the individual's relative as a member of the board, committee, council, or commission or head of the office, department, or institution.
        (2) The employment of any law enforcement officer or firefighter who is under the jurisdiction of a merit commission established under IC 36-8-3.5.
    (f) This section does not require the termination or reassignment of any employee of a political subdivision from any position held by that individual on and continuously after June 30, 2006.