(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 IC 36-1-20.2 and IC 36-1-21, respectively.
(B) On July 1, 2012 the city shall have a nepotism and a contracting with a unit policy that complies with the minimum requirements of IC 36-1-20.2 (hereinafter “Nepotism Policy”) and IC 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin.
(C) The city’s Nepotism Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 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. In addition a copy of IC 36-1-20.2, Nepotism, in effect on July 1, 2012 is attached to Ordinance 5375.
(D) The city’s Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 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. In addition a copy of the IC 36-1-21, Contracting with a Unit by a Relative, in effect on July 1, 2012 is attached to Ordinance 5375.
(E) The city finds that both IC 36-1-20.2 and IC 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed” and that more detailed 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, advancement or a performance evaluation 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 IC 36-4-6-11 and IC 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, and 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 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 either the Nepotism Policy may be subject to action allowed by law.
(J) Failure to abide by or cooperate with the implementation, compliance and certifications connected with the Contracting with 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 either the Nepotism Policy or the Contracting with Unit by a Relative Policy maybe subject to action allowed by law.
(K) (1) The polices created by this section are hereby directed to be implemented by any of the following actions:
(a) Posting a copy of the ordinance in its entirety in at least one of the locations in the city where it posts employer posters or other notices to its employees;
(b) Providing a copy of the ordinance to its employees and elected and appointed officials;
(c) Providing or posting a notice of the adoption of the ordinance; or
(d) Any such other action or actions that would communicate the polices established by the ordinance to its employees and elected and appointed officials.
(2) Upon any of taking these actions these policies are deemed implemented by the city.
(L) A copy of the provisions of IC 36-1-20.2 and IC 36-1-21 effective July 1, 2012 are annexed to Ordinance 5375.
(M) Two copies of IC 36-1-20.2 and IC 36-1-21, and 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 IC 36-1-5-4.
(Ord. 5375, passed 6-18-12)