10166-12 Adopting the City of South Bend's Nepotism Policy

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Bill No. 25 -12 (Substitute) ORDINANCE NO. [ 0 L AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE CITY'S POLICY CONCERNING NEPOTISM IN CITY EMPLOYMENT, AND CONTRACTS WITH RELATIVES OF ELECTED CITY OFFICIALS, IN CONFORMITY WITH INDIANA LAW STATEMENT OF PURPOSE AND INTENT On July 1, 2012, two new Chapters of the Indiana Code take effect, i.e., Ind. Code Section 36 -1 -20.2, "Nepotism ", based on P.L. 135 -2012, Section 7, and IC 36 -1 -21, "Contracting With a Unit ", based on P.L. 135 -2012, Section 8 (House Enrolled Act 1005). These statutes require that the City of South Bend (City) establish a policy concerning nepotism in City employment, and a policy as to contracting with relatives of elected officials, both of which policies must incorporate at minimum the requirements set forth in the two new Indiana Code Chapters. Executive Order #1 -2012 was enacted by Mayor Peter Buttigieg on January 1, 2012, and it covers nepotism in City employment consistent with IC 36 -1 -20.2. It further includes and regulates City contracts with relatives of "an official, appointee, or employee" although it does not use the term "elected official" which IC 36 -1 -21 specifically covers. The definition of "relative" in Executive Order 1 -2012 is identical to the definition in the new Indiana law except that Executive Order 1 -2012 includes grandparents, step grandparents, grandchildren and step grandchildren. The new State laws expressly permit local governments to adopt more stringent or detailed policies than required by State law, and Executive Order #1-2012 contains an expanded scope of relatives covered under the nepotism policy as well as those persons included in the policy regulating contracts with relatives. A copy of Executive Order #1 -2012 is attached hereto as Exhibit C. It is in the best interests of the City that this Council formally adopt policies as to nepotism in City employment and as to contracting with the City to be fully compliant on July 1, 2012 with the requirements of Indiana law as enacted in P.L. 135 -2012, Sections 7 and 8, as codified at IC 36 -1 -20.2 and IC 36 -1 -21. It is further in the best interests of the City that these policies be made more stringent by including those persons defined as relatives in Executive Order #1 -2012, and by expanding the class of persons whose relatives are restricted from contracting with the City under Executive Order 1 -2012, presently in effect. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. It is necessary and appropriate that the City of South Bend (City) adopt a uniform policy of conduct as to nepotism in employment with the City, and in contracting with the