(A) It is necessary and desirous to adopt a policy of conduct with regard to nepotism in the 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) Beginning July 1, 2012, the city shall have a nepotism and a contracting with the city 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 the city 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, in effect on July 1 is attached to Ord. 13, 2012. The personnel policy of the city as adopted by reference in § 32.30 of the city code is amended in accordance with this section.
(D) The city contracting with the city by a relative policy is hereby established, effective July 1, 2012, by adopting the minimum requirements rovisions 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 Ord. 13, 2012. The purchasing policy of the city as specified in § 32.15 of the city code is amended in accordance with this section.
(E) 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 requirements are necessary.
(F) 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. (See I.C. 36-4-6-11.)
(G) 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 Municipal Code § 30.16, Board of Works and Safety; § 30.17(B), Plan Commission; § 30.21, Parks and Recreation Board; § 31.56, Redevelopment Commission).
(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 to demonstrate compliance with these same policies.
(I) 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.
(J) Failure to abide by or cooperate with the implementation, compliance, and certifications connected with the contracting with the city 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 the city by a relative policy may be subject to action allowed by law.
(K) The polices created by this section are hereby directed to be implemented by any of the following actions: a) posting a copy of this section in its entirety in at least one of the locations in the city where it posts employer posters or other notices to its employees; b) providing a copy of this section to its employees and elected and appointed officials; c) providing or posting a notice of the adoption of this section; or d) any such other action or actions that would communicate the polices established by this section to its employees and elected and appointed officials. Upon the taking of any of these actions the policies are deemed implemented by the city.
(L) A copy of the provisions of I.C. 36-1-20.2 and I.C. 36-1-21, effective July 1, 2012, are annexed to Ord. 13, 2012.
(M) 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 Clerk-Treasurer for the city for public inspection as maybe required by I.C. 36-1-5-4.
(N) If any section, clause, sentence, or phrase of this section is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this section.
(Ord. 13, 2012, passed 6-25-2012)