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Indiana Code 4-15-7-1. Nepotism

Indiana Code > Title 4 > Article 15 > Chapter 7 > § 4-15-7-1. Nepotism


Current as of: 2009
IC 4-15-7-1
Nepotism
  
Sec. 1. (a) No person being related to any member of any state board or commission, or to the head of any state office or department or institution, as father, mother, brother, sister, uncle, aunt, a husband or wife, son or daughter, son-in-law or daughter-in-law, niece or nephew, shall be eligible to any position in any such state board, commission, office, or department or institution, as the case may be, nor shall any such relative be entitled to receive any compensation for his or her services out of any appropriation provided by law.
  (b) This section shall not apply if such person has been employed in the same position in such office or department or institution for at least twelve (12) consecutive months immediately preceding the appointment of his relative as a board member or head of such office, department, or institution.
  (c) This section does not apply to the authority of the board of trustees of a state educational institution to employ any person the board considers necessary under IC 21-38-3-1.
  (d) No persons related as father, mother, brother, sister, uncle, aunt, husband, wife, son, daughter, son-in-law, daughter-in-law, niece, or nephew may be placed in a direct supervisory-subordinate relationship.
(Formerly: Acts 1941, c.16, s.1; Acts 1961, c.8, s.1.) As amended by Acts 1982, P.L.23, SEC.35; P.L.36-1995, SEC.1; P.L.2-2007, SEC.44; P.L.3-2008, SEC.8.


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Indiana Code > Title 5 > Article 10 - Public Employee Benefits
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Comments (7)add comment
Holly Pillow: ...
Does this statute apply to local government employees such as town council members? I have worked for a small town in southern Indiana for six years as the utility clerk and am being terminating due to the fact that one of our council members has hired his wife to take my job. Thank you!
1

December 15, 2011
Steven Daily: ... http://www.lawserver.com/
This statute only applies to nepotism at Indiana statewide offices, not local offices. It is possible that your town may have a local ordinance or rule prohibiting nepotism, so you might check there.
2

December 15, 2011
Keith Broady: ...
If this law supposedly only applies to statewide offices can it be enforced, without local ordinance, in local law enforcement? If two brothers work for the same department, and one is the squad commander, can the other work under him?? Both have been employed with their department for over 8yrs each.....Thank You!!!
3

April 09, 2012
Gary Masterson: ...
If there where two brothers working in the same department,one has worked there for 5years and the other for 3 years, can one of them be appointed superviser over the other one.
4

July 03, 2012
Steven Daily: ...
Holly and Keith,
A new law has just taken effect in Indiana, HB 1005, extending Indiana's nepotism laws to local governmental entities. You can read the new law here:
http://www.in.gov/legislative/bills/2012/HE/HE1005.1.html

Note that the law exempts employees who were employed as of July 1, 2012 unless they have a subsequent break in employment.

Gary,
Assuming you refer to state employees, this situation would seem to be directly prohibited by subsection (d) of the above Indiana nepotism law, section 4-15-7-1(d).

Steven Daily, LawServer
5

July 03, 2012
John O'Rourkenavy96@: ...
Question: Does this law apply to a township trustee who controls funding for a voluteer fire department and is also a voting member of that department. Can you give me specifics.
6

December 18, 2012
Don: ...
I am an elected,unpaid Town Council member. Can my spouse be appointed the Town Clerk-Treasurer without me having to resign? Both positions are elected but our Clerk-Treasurer was killed in an auto accident.
7

March 08, 2013

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