(A) The city incorporates by reference all provisions of IC 36-1-20.2 and IC 36-1-21.
(B) General policy.
(1) Purpose. Decisions about hiring, promoting, evaluating, awarding salary increases, job assignment, terminating employees, and the awarding of contracts for goods, services, and public works projects should be based on the qualifications, performance, and ability of the employee or contractor. Every attempt to avoid favoritism and conflicts of interest in employment related and contractual decisions instills confidence of the electorate in its government. The purpose of this policy is to prohibit certain individuals from being employed by the city in a position in which a relative, as defined by state statute, provides direct supervision. Additionally, this policy regulates contracting with relatives of individuals employed by the city for goods, services, and public works projects.
(2) Individuals who are relatives of city employees or elected officials, as defined by state statute, may not be hired by the city to a position of employment where said employee would be in direct line of supervision of the other relative.
(C) This policy will not apply to individuals employed by the city prior to July 1, 2012, unless there is a break in the person's employment as defined by statute.
(D) Contracting policy of the city.
(1) All contracts between the city and any party are subject to, and must comply with, the provisions of IC 36-1-21 et seq. and other state law.
(2) The city may enter into or renew a contract for the procurement of goods, services, or public works projects with a relative of an elected official or a business entity in which a relative has an ownership interest if:
(a) The elected official files with the city a full disclosure which must be:
1. In writing; and
2. Describe the contract or purchase to be made by the city; and
3. Describe the relationship the elected official has to the individual or business entity that provides the contract for goods, services or public works projects.
(b) The appropriate city board or department:
1. Issues a certified statement that the contract amount or purchase price was the lowest amount or price bid offered; or
2. Issues a certified statement detailing the reasons why the particular vendor or contractor was selected.
(c) The city satisfies all other requirements of Indiana's public purchasing (IC 5-22) or public works projects (IC 36-1-12) statutes.
(d) The elected official complies with disclosure provisions of IC 35-44-1-3.
(E) The city's personnel report, which is required and defined by IC 5-11-13-1, shall include a statement by the Mayor that the city has implemented an anti-nepotism policy as required by and pursuant to IC 36-1-20.2 and IC 36-1-21.
(F) Any amendments to IC 36-1-20.2 and IC 36-1-21 are hereby incorporated by reference to this policy at the time of passage.
(Ord. 1570, passed 6-18-12)