(A) The city finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism in the employment with the city and in contracting with the city in order to continue to be able to provide local government services to its residents and to comply with the new laws effective July 1, 2012, known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively.
(B) On July 1, 2012, the city shall have a nepotism policy and a contracting with a unit policy that complies with the minimum requirements of I.C. 36-1-20.2, hereinafter referred to as the nepotism policy, and I.C. 36-1-21, hereinafter referred to as the contracting with a unit by a relative policy, and implementation will begin.
(C) The city’s nepotism policy is hereby established 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.
(D) The city’s contracting with a unit by a relative policy is hereby established 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.
(E) 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 are necessary.
(F) The city further finds that a single member of the legislative body cannot act for the body to make work assignments, compensation, grievances, advancements, or performance evaluations without prior authority of a majority of the body, and therefore, without such authority by the majority, he or she will not be in the direct line of supervision. (See I.C. 36-4-6-11 and 36-5-2-9-4.)
(G) 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; therefore, without such authority by the majority, the single member will not be in the direct line of supervision.
(H) 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 demonstrating compliance with these same policies.
(I) Failure to abide by or cooperate with the implementation, compliance, and certifications connected with the nepotism policy or with the contracting with unit by a relative policy is a violation and may result in the discipline, including termination, of an employee or in 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 to cooperate with the implementation, compliance, and mandated certifications of either the nepotism policy or the contracting with unit by a relative policy may be subject to any action allowed by law.
(J) The polices created herein are hereby directed to be implemented by any of the following actions and, upon taking of any of these actions, shall be deemed implemented by the city:
(1) Posting a copy of this section in its entirety in at least one of the locations in the city where employers post signs or other notices to its employees;
(2) Providing a copy of this section to employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of this section; or
(4) Any such other action or actions that would communicate the polices established by this section to employees and elected and appointed officials.
(K) A copy of the provisions of I.C. 36-1-20.2 and 36-1-21 are annexed hereto.
(L) Two copies of I.C. 36-1-20.2 and of 36-1-21, as supplemented or amended, are on file in the office of the Clerk-Treasurer for the city for public inspection as may be required by I.C. 36-1-5-4.
(Ord. 1588, passed 6-18-2012)
Statutory reference:
Related provisions, see I.C. 36-1-5-4, 36-1-20.2, 36-1-21, 36-4-6-11, and 36-5-2-9-4