CHAPTER 35
PERSONNEL POLICIES

Section

35.01    Adoption of personnel policy by reference

35.02    Adoption of Drug/Alcohol Policy and Testing Procedures by reference

35.03    Nepotism policy; contracting with a unit by a relative policy

35.04    Retiring public safety personnel policy; purchase of service handgun/helmet and boots

35.01 ADOPTION OF PERSONNEL POLICY BY REFERENCE.

(A) The Personnel Policy, as attached to Ordinance No. 2022-2201, passed September 12, 2022, is hereby adopted as the Personnel Policy Manual for the city.

(B) All department heads and city employees are hereby directed to implement the policies as contained in the Personnel Policy Manual. All employment relations are to be managed in accordance with the Personnel Policy Manual, with the exceptions as noted in said manual.

(C) All directives, executive orders, and ordinances heretofore in effect on any subject mentioned in any prior Personnel Policy Manual are hereby superseded by the Personnel Policy Manual attached to Ordinance No. 2022-2201, passed September 12, 2022. Any ordinance, directive, or employee rule in conflict with the provisions of the Personnel Policy Manual are hereby repealed, revoked, rescinded and held for naught. Any additions, modification, or deletions to this Personnel Policy Manual shall be done by an ordinance to amend the Personnel Policy Manual and therefore shall require Common Council approval by majority vote.

(1994 Code, § 35.01) (Ord. 97-1686, passed 2-24-1997; Am. Ord. 2008-1948, passed 4-28-2008; Am. Ord. 2008-1962, passed 6-23-2008; Am. Ord. 2013-2052, passed 1-14-2013; Am. Ord. 2016-2103, passed 9-26-2016; Am. Ord. 2019-2145, passed 3-25-2019; Am. Ord. 2019-2149, passed 6-24-2019; Am. Ord. 2022-2201, passed 9-12-2022)

35.02 ADOPTION OF DRUG/ALCOHOL POLICY AND TESTING PROCEDURES BY REFERENCE.

The Drug and Alcohol Policy and Testing Procedures of the City of Plymouth, Indiana, are hereby adopted as if set out in their entirety and shall be in full force effective September 1, 2007.

(Ord. 2007-1933, passed 8-13-2007)

35.03 NEPOTISM POLICY; CONTRACTING WITH A UNIT BY A RELATIVE POLICY.

(A) The city nepotism policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.

(B) The city contracting with a unit by a relative policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto which become law from time to time, and making them a part hereof as if fully set out herein.

(C) The city finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are more stringent or detailed as these requirements may be necessary.

(D) The city further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body and therefore without the authority by the majority he or she will not be in the direct line of supervision. See I.C. 36-4-6-11 and I.C. 36-5-2-9.4.

(E) The city finds that a single member of governing bodies with authority over employees in the city cannot act for the governing body to make work assignments, compensation, grievances, advancement or a performance evaluation without prior authority of a majority of the body, when a statute provides that a majority is needed to act, and therefore, without the authority by the majority the single member will not be in the direct line of supervision.

(F) All elected and appointed officials and employees of the city are hereby directed to cooperate fully in the implementation of the policies created by this section and to demonstrate compliance with these same policies.

(G) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the nepotism policy is a violation and may result in the discipline, including termination, of an employee or a transfer from the direct line of supervision or other curative action. An elected or appointed official of the city who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the nepotism policy may be subject to action allowed by law.

(H) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the contracting with a unit by a relative policy is a violation and may result in the discipline, including termination, of an employee or a curative action. An elected or appointed official of the city who fails to abide by or cooperate with the implementation, with the compliance and with mandated certifications of the contracting with a unit by a relative policy may be subject to action allowed by law.

(I) The policies created by this section are hereby directed to be implemented by any of the following actions: (a) posting a copy of this section in its entirety in at least 1 of the locations in the city where it posts employer posters or other notices to its employees; (b) providing a copy of this section to its employees and elected and appointed officials; (c) providing or posting a notice of the adoption of this section; or (d) any other action or actions that would communicate the policies established by this section to its employees and elected and appointed officials. Upon the taking of any of these actions the policies are deemed implemented by the city.

(J) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the office of the Clerk or Clerk-Treasurer for the city for public inspection as may be required by I.C. 36-1-5-4.

(Ord. 2012-2042, passed 6-25-2012)

35.04 RETIRING PUBLIC SAFETY PERSONNEL POLICY; PURCHASE OF SERVICE HANDGUN/HELMET AND BOOTS.

(A) It is the policy of the City of Plymouth to offer any of its public safety personnel retiring after 20 or more years of service the opportunity to purchase their service equipment for the nominal amount of $1.

(1) Eligible service equipment includes:

(a) A retiring police officer’s service handgun; and

(b) Retiring fire/EMS personnel’s service helmet and boots.

(B) Retiring public safety personnel who wish to purchase his or her service equipment shall make a request to their Chief prior to retirement.

(C) The transfer of the service equipment by private sale shall be memorialized by a resolution of the Plymouth Board of Public Works and Safety, in compliance with I.C. 5-22-22-6 or other applicable statute as may be amended from time to time.

(Ord. 2015-2088, passed 7-27-2015; Am. Ord. 2016-2097, passed 2-22-2016)