§ 34.05  NEPOTISM POLICY.
   (A)   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 of Madison in a position in which a relative, as defined in this section, provides direct supervision. Additionally, this policy regulates contracting with relatives of individuals employed by the City of Madison for goods, services, and public works projects.
   (B)   Definitions.  For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      "BREAK IN EMPLOYMENT." Termination, retirement, or resignation of an employee from the city. A break in employment does not occur due to absence from the workplace while on a paid or unpaid leave, including but not limited to: vacation, personal days, sick or family medical leave, or worker's compensation leave, or if the employment is terminated followed by immediate re-employment by the city without loss of payroll time.
      "CITY."  The City of Madison and its boards and departments.
      "DIRECT LINE OF SUPERVISION."  An elected officer or employee who is in a position to affect the terms and conditions of another individual's employment Such affect may include, but is not limited to, making decisions about work assignments, compensation, grievances, advancement, or performance evaluation. Decisions and action taken by the Mayor or City Council regarding the passage of annual salary ordinances, annual budgets, and personnel policies are excluded from this definition.
      "ELECTED OFFICIAL." The Mayor, City Clerk/Treasurer, and members of the Madison City Council.
      "EMPLOYED." An individual who works for or is appointed to any department or board of the city on a full-time, part-time, temporary, intermittent, seasonal, hourly, or contractual basis.
      "MEMBER OF THE FIRE DEPARTMENT." The Fire Chief and any firefighter appointed to the Madison Fire Department.
      "MEMBER OF THE POLICE DEPARTMENT." The Police Chief and any police officer appointed to the Madison Police Department.
      "RELATIVE. For the purposes of this section, the term includes any of the following:
         (a)   Spouse;
         (b)   Parent or step-parent;
         (c)   Child or step-child (includes an adopted child);
         (d)   Sister, brother, step-sister, step-brother (includes sister or brother by half-blood);
         (e)   Niece or nephew;
         (f)   Aunt or uncle;
         (g)   Daughter-in-law or son-in-law; and
         (h)   Sister-in-law or brother-in-law.
   (C)   Employment policy.
      (1)   Individuals who are relatives, as defined in division (B) above, of existing employees may not be employed by the city in a position that results in one relative being in the direct line of supervision of the other relative.
      (2)   An individual who is employed by the city on July 1, 2012 is not subject to this nepotism policy unless the individual has a break in employment, as defined herein, with the city.
      (3)   If an individual is employed by the city and the individual's relative begins serving a term of elected office, the individual my continue his/her employment with the City and retain his/her position or rank even if that individual's position or rank would be in the direct line of supervision of the individual's relative.
      (4)   While an individual who is employed by the city and the individual's relative begins serving a term of elected office may continue his/her employment with the city, that individual may not be promoted to a position or rank if the new position or rank would place that individual within the direct line of supervision of the individual's relative.
   (D)   Contracting policy. 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:
      (1)   The elected official files with the city a full disclosure which must be:
         (a)   In writing; and
         (b)   Describe the contract or purchase to be made by the city; and
         (c)   Describe the relationship the elected official has to the individual or business entity that provides the contract for goods, services or public works projects.
      (2)   The appropriate city board or department:
         (a)   Issues a certified statement that the contract amount or purchase price was the lowest amount or price bid offered; or
         (b)   Issues a certified statement detailing the reasons why the particular vendor or contractor was selected.
      (3)   City satisfies all other requirements of Indiana's public purchasing (IC 5-22) or public works projects (IC 36-1-12) statutes.
      (4)   The elected official compiles with disclosure provisions of IC 35-44-1-3.
   (E)   Submission of compliance statements. In addition to any other disclosures or certifications required by this section, the foilowing actions must be taken:
      (1)   The annual report filed by the city with the State Board of Accounts under IC 5-11-13-1 must include a Mayor's statement that the city has implemented a nepotism policy with regard to employment matters and the contracting for the procurement of goods and services.
(Ord. 1982-6, passed  - - ; Am. Ord. 2012-9, passed 6-19-12)