§ 34.03 RESTRICTION OF EMPLOYMENT OF RELATIVES.
   (A)   In this section, unless the context clearly requires otherwise:
      (1)    PUBLIC OFFICER OR EMPLOYEE. Any officer or employee of the city, including, without limitation, all elected officials, but specifically excluding members of non-compensated advisory boards of the city.
      (2)    EMPLOYEE. Every person engaged in any employment with the city, including, without limitation, all full-time, part-time, seasonal, contractual, probationary, permanent and temporary employees.
      (3)    RELATIVE. An individual who is related to the public officer or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.
   (B)   After the effective date of this section, a relative of a public officer or employee shall only be hired by the city if such applicant is ranked among the top three available on the certified eligibility list, and the City Manager (or the City Attorney as to assistant city attorneys), in his/her sole discretion, determines that all city policies and procedures have been properly followed and that it is in the best interest of the city to hire said applicant. For purposes of this section, persons who are elected to office in the city shall not be deemed to be hired by the city.
   (C)   The penalty provisions contained in F.S. § 112.317, as amended from time to time, shall be the penalty provisions applicable to the city's new nepotism ordinance to the same extent and manner that such penalty provisions are applicable to the State Nepotism Statute.
   (D)   All persons employed by the city on the effective date of this section who presently have existing relationships that would otherwise prohibit their employment by the city, shall not be affected by the prohibition on employment contained herein; provided, however, that all persons who are protected by this exemption shall be subject to the provisions of F.S. § 112.3135, as amended from time to time.
('72 Code, § 2-7.1) (Ord. O-90-16, passed 5-2-90; Am. Ord. O-96-06, passed 2-21-96)