(A) The city finds that it is necessary and desirous to adopt a policy of conduct with regard to nepotism and 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 with those statutes being identified 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 and 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 in effect on July 1 is attached to Ord. 1051.
(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 hereto 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 in effect on July 1, 2012 is attached to Ord. 1051.
(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 details 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 and a majority of the body and therefore without authority by the majority he or she will not be in the direct line of supervision. See I.C. 36-4-6-11 and I.C. 36-5-2-9.4.
(G) 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.
(H) 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. If an elected or appointed official of the city 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.
(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 either the nepotism policy or 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: (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 other action or actions that would communicate the polices established by this section to its employees and elected or appointed officials. Upon any of taking these actions these 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 annexed to Ord. 1051.
(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 Clerk-Treasurer for the city for public inspection as may be required by I.C. 36-1-5-4.
(Ord. 1051, passed 6-4-2012)