§ 38.30  NEPOTISM.
   (A)   No relationship, by consanguinity or affinity of any degree, of a person to any elected official, officer or employee of the city, shall prevent, prohibit or be grounds alone to deny to any such person the right to make written application for employment by the city.
   (B)   No relationship, by consanguinity or affinity of any degree, of a person to any elected official, officer or employee of the city, shall prevent, prohibit or be grounds alone to deny to any such person the right to be considered for employment with the city and, thereafter, being employed by the city, provided that:
      (1)   Such person discloses on his or her written application for employment, the name and position of the city official, officer or employee to whom the applicant is related by blood or marriage and further discloses the exact nature and degree of such relationship.
      (2)   Such relationship, at an open, public and regular proceeding of the city, is disclosed for public and official record by both the job applicant and the city official, officer or employee to whom the applicant is related by blood or marriage, and the said city official, officer or employee, thereafter, announces for the record official, his or her potential conflict of interest, disqualification as to any matters or procedures germane to employment with or by the city, and so thereafter actually removes and withdraws his person from the premises, close or room wherein proceedings are conducted or ongoing, and continues such disqualification and withdrawal and removal actual in the event such proceedings concerning the related job applicant be continued to another date and time.
   (C)   No official, officer or employee of the city or a city agency shall advocate, recommend, cause, induce or influence the:
      (1)   Employment;
      (2)   Appointment;
      (3)   Promotion;
      (4)   Transfer; or
      (5)   Advancement of a family member, immediate family member, or any other person to whom such official, officer or employee of the city or a city agency is related to any degree by blood or marriage to an office or position of employment with the city or a city agency.
   (D)   No official, officer or employee of the city or a city agency, shall be prohibited from supervising or managing the work, duties and activities of a family member, immediate family member or other related person engaged or employed by the city or a city agency.
   (E)   No official, officer or employee shall participate in any action relating to the employment or discipline of a family member, immediate family member or other related person, except that this prohibition shall not prevent an elected or appointed official from voting on, or participating in the development of a personnel plan, employee compensation plan or a budget which includes compensation for a family member, immediate family member or other related person, provided that the family member, immediate family member or other related person is included only as a member of a class of persons or a group, and the family member, immediate family member or other related person benefits to no greater extent than any other similarly situated member of the class or group.
   (F)   The status, position or employment of a present employee of the city or city agency alone, shall not be affected by having a family member, immediate family member or any other person related in any degree by blood or marriage to a present employee of the city or a city agency so elected or appointed to a city office.
   (G)   Any prohibitions provided for in this section, shall not apply to any relationship or situation that would violate any such prohibitions, but which existed prior to the effective date of this chapter.
(Ord. 523-1994, passed 11-23-94)