(A) Nepotism.
(1) The City finds that it is necessary and desires to adopt a policy of conduct with regard to nepotism in employment and contracting with the City, in order to continue to be able to provide local government services to its residents, and to comply with new laws known as I.C. 36-1-20.2 and I.C. 36-1-21, respectively, which become effective July 1, 2012.
(2) On July 1, 2012, the City shall have a nepotism and a contracting with a unit policy that complies with the minimum requirements of I.C. 36-1-20.2 (hereinafter “Nepotism Policy”) and I.C. 36-1-21 (hereinafter “Contracting with a Unit by a Relative Policy”) and implementation will begin.
(3) The City Nepotism Policy is hereby established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-20.2, and including all future supplements and amendments thereto that become law from time to time, and making them a part hereof as if fully set out herein.
(4) The City Contracting with a Unit by a Relative Policy is hereby established effective July 1, 2012, by adopting the minimum requirements provisions of I.C. 36-1-21, and including all future supplements and amendments thereto that become law from time to time, and making them a part hereof as if fully set out herein.
(5) The city finds that both I.C. 36-1-20.2 and I.C. 36-1-21 specifically allow a unit to adopt requirements that are “more stringent or detailed”.
(6) 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 for an employee for whom the legislative body has such authority, 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.
Statutory reference:
For similar state law, see I.C. 36-4-6-11 and I.C. 36-5-2-9.4.
(7) 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. See the cited statute; e.g., park board, merit commissions and other such bodies.
(8) All elected and appointed officials and employees of the City are hereby directed to cooperate fully in the implementation of the policies created by Resolution 8, 2012 and maintain and demonstrate compliance with these policies.
(9) 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, 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 the Nepotism Policy may be subject to action allowed by law.
(10) 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 the Contracting with Unit by a Relative Policy may be subject to action allowed by law.
(11) (a) The polices created by Resolution 8, 2012 are hereby directed to be implemented by any of the following actions:
1. Posting a copy of Resolution 8, 2012 in its entirety in at least one of the locations in the City where the City posts employer posters or other notices to its employees;
2. Providing a copy of Resolution 8, 2012 to the city's employees and elected and appointed officials;
3. Providing or posting a notice of the adoption of Resolution 8, 2012; or
4. Any such other action or actions that would communicate the polices established by Resolution 8, 2012 to its employees and elected and appointed officials.
(b) Upon the taking of any of these actions, the policies are deemed implemented by the City.
(12) Two copies of I.C. 36-1-20.2 and I.C. 36-1-21, and as supplemented or amended, are on file in the offices of the City Clerk and City Controller for public inspection as may be required by I.C. 36-1-5-4.
(B) Conflict of interest. Officers and employees of the City are prohibited from having any pecuniary interest, either direct or indirect, in transactions with the department of the City which the individual serves, except as provided in I.C. 35-44.1-1-4 and I.C. 35-44.1-1-5.
(Am. Res. 8, 2012, passed 6-20-2012)