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

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Relative Policy in the same manner as an "elected official" shall include a City employee and a City appointee whose "immediate family" includes all persons listed in Section III of this Ordinance. SECTION VI. The City's Policy as to Contracting with the City by a Relative is hereby established effective July 1, 2012 by adopting the minimum requirements provisions of IC 36 -1 -21, together with the additions set forth in Section V, VII, and VIII of this Ordinance, and including all future supplements and amendments to IC 36 -1 -21 which become law from time to time, and making them a part hereof as if fully set out herein. A copy of IC 36 -1 -21, Contracting With a Unit, in effect on July 1, 2012 is attached hereto and incorporated herein as Exhibit B. SECTION VII. For purposes of this Policy as to Contracting with the City by a Relative, because 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 by the majority, such member will not be in the line of direct supervision. See, [IC 36 -4- 6-11]. SECTION VIII. For purposes of this Policy as to Contracting with the City by a Relative, because a single member of a governing body with authority over employees in the City cannot act for that 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, then a single member will not be in the direct line of supervision without such authority by the majority. SECTION IX. The policies created by this Ordinance are hereby directed to be implemented by any of the following actions: (a) posting a copy of this Ordinance 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 Ordinance to its employees and elected and appointed officials; (c) providing or posting a notice of the adoption of this Ordinance; or (d) any such other action or actions that would communicate the policies established by this Ordinance to its employees and elected and appointed officials. Upon any of taking these actions these policies are deemed implemented by the City. SECTION X. Two (2) copies of IC 36 -1 -20.0 and IC 36 -1 -21, and as supplemented or amended, are and shall remain on file in the office of the City Clerk for public inspection as may be required by IC 36- 1 -5 -4.