(A) The Common Council finds that it is necessary and desirous to immediately adopt a policy of conduct with regard to nepotism in 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 I.C. 36-1-20.2 and I.C. 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 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.
(C) 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, which become law from time to time, and making them a part hereof as if fully set out herein. In addition, a copy of I.C. 36-1-20.2, Nepotism, is attached to Resolution R-12-10.
(D) 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, 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 I.C. 36-1-21, Contracting with a Unit by a Relative, is attached to Resolution R-12-10.
(E) The Common Council 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” and that more detailed requirements are necessary.
(F) The Common Council 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 I.C. 36-4-6-11, I.C. 36-5-2-9.4)
(G) The Common Council finds that a single member of a governing body 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 in demonstrating compliance with these same policies.
(I) 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.
(J) The polices created by this section are hereby directed to be implemented by any of the following actions:
(1) Posting a copy of Resolution R-12-10, in its entirety, in at least one of the locations in the city where it posts employer posters or other notices to its employees;
(2) Providing a copy of Resolution R-12-10 to its employees and elected and appointed officials;
(3) Providing or posting a notice of the adoption of this Resolution R-12-10; or
(4) Any such other action or actions that would communicate the polices established by this Resolution R-12-10 to its employees and elected and appointed officials.
Upon the taking of any of these actions, the policies are deemed implemented by the city.
(K) A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21, effective July 1, 2012, are adopted by reference as if set forth in there entirety herein.
(L) 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 Office of the City Clerk for public inspection as may be required by I.C. 36-1-5-4.
(Res. R-12-10, passed 6-25-2012)