§ 38.060 APPOINTMENT OF THE WORK FORCE.
   (A)   The Mayor shall appoint the Village Administrator, Fiscal Officer, and Police Chief, subject to approval by Council. These employees, except the Chief of Police (R.C. § 737.171), shall serve at the pleasure of the Mayor and Council and may be removed without cause by the Mayor with the approval of a majority vote of Council, or by Council by a vote of three-fourths of its members without the consent of the Mayor.
   (B)   The Mayor shall also appoint a Clerk of the Mayor's Court, who shall serve at the pleasure of the Mayor, and the Mayor may remove this employee without cause at any time. The Mayor shall also appoint all full-time and part-time police officers in accordance with R.C. § 737.16.
   (C)   The Administrator shall serve as the appointing authority for employees of the village's utilities departments, Street & Parks Department. All appointments by the Administrator shall be approved by the Mayor.
   (D)   Nepotism.
      (1)   Immediate family members shall not be hired into the same department. The employment of persons who establish immediate family relationships after employment shall be prohibited if such employment will result in one immediate family member exercising supervision over the other or otherwise having the ability to influence the terms or conditions of the other's employment.
      (2)   For the purpose of this policy, IMMEDIATE FAMILY shall be defined as the following relatives of the employee or the employee's spouse: spouse, parent, child or sibling including the spouse of any such relatives; and the following relatives of the employee: aunt, uncle, nephew, niece, first cousin, grandparent or grandchild including the spouse of any such relatives. In the case of village employees who become immediate family members after employment and whose relationship would violate the policy as set forth herein, the employees shall determine which of them will seek employment elsewhere in the village or, as necessary, outside the organization. Said decision shall be conveyed in writing to the appropriate department head and Human Resources Director no later than 30 days from the date the relationship was legally established. Said employees will be given a reasonable period of time, not to exceed 90 days from the date the relationship is legally established, to make that decision. If the decision is not made within 90 days, the village reserves the right to transfer, demote or dismiss the affected employee(s) to resolve the nepotism violation. In the case of dismissal, the most senior of the employees, as determined by length of service with the village, will be retained. If seniority is equal, the village shall consider the qualifications and job performance of the employees in determining which will be retained.
      (3)   This policy shall cover the immediate family relationships of all employees of the village whether they are part-time or full-time.
      (4)   This policy is not intended to alter the employment terms of any current full-time or part-time employee whose employment violates the above provision but did not violate the policy in force at the time of employment or at the time the immediate family relationship took place. In the case of a part-time employee who is separated from employment at the end of a season, said employee shall be allowed to reapply for employment, providing re-application is made for the next season and is in the same capacity that the village the employee worked prior to separation. Department managers shall assure that supervisory and work assignments of said employees minimize the appearance of and opportunity for conflicts of interest or impropriety. Department managers and the Human Resources Division shall assure that these "grandfathered" exceptions gradually cease as attrition occurs.
(Ord. 49-2017, passed 11-21-2017; Ord. 42-2018, passed 10-16-2018)