(A) The City of Rochester 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 in effect on July 1 is attached to the ordinance codified herein.
(B) The City of Rochester 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 Nepotism in effect on July 1 is attached to the ordinance codified herein.
(C) 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” and that more detailed are necessary.
(D) 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 without prior authority of a majority of the body and therefore without such authority by the majority he/she will not be in the direct line of supervision.
(E) 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.
(F) 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 demonstrating compliance with these same policies.
(G) 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 or 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.
(H) 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.
(I) It is the policy of the city that seasonal workers who were employed with the city on July 1, 2012 do not have a break with employment for purposes of I.C. 36-1-20.2-2 merely by passing through the worker’s non-working season(s).
(Ord. 07-2012, passed 6-12-12; Am. Res. 05-2015, passed 4-22-15)