11-23-15 Agenda, Packet & Committee Meeting Notice

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BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING CHAPTER 2,ARTICLE 8,BY THE ADDITION OF NEW SECTION 2-125.2 ENTITLED POST CITY EMPLOYMENT RESTRICTIONS STATEMENT OF PURPOSE AND INTENT This year the City Administration issued an Employee Handbook 2015 which sets forth various "Separation Procedures" on pages 50-51. Additionally, the Mayor issued Executive Order 1-2014 which amends his Executive Order 1-2012 addressing the "City of South Bend Ethics Code". In reviewing these documents,there appears to be limited policies regarding post-employment restrictions. It is acknowledged that in the Executive Order 1-2014, under "Conflicts of Interest", paragraph 8 notes that a "...former appointee, employee, or official shall not disclose or materially benefit from confidential information..." It is also acknowledged that Indiana Code§35-44-1-3 sets forth conflict of interest regulations for all public servants. It is further noted that all local governments are required to comply with Indiana Code § 36-1-20.2 addressing mandatory nepotism requirements which took effect on July 1, 2012. In the interest of further elevating the professional standards for all individuals who work for the City of South Bend city government, it is believed that additional regulations should be set forth addressing post-employment restrictions. The Indiana Office of the Inspector General has posted changes affecting state employees which became effective on July 1,2015. It is believed that similar regulations restricting employment one(1) year from leaving city employment should be in effect in the City of South Bend, Indiana. tJfcu, Rer"Oir, or it rnki,,rdby the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 2, Article 8 of the South Bend Municipal Code is amended by the addition of new Section 2-125.2, which shall read in its entirety as follows: Sec.2-125.2 Post City Employment Restrictions. (a) Effective January 1, 2016, any person who works for the City of South Bend, Indiana, city government as an appointee,employee or official,upon separation from employment with the city government may not accept employment or receive compensation with an employer if said former appointee, employee or official was engaged in the administration or negotiation of any contract or agreement on behalf of city government until there has been the elapse of at least three hundred sixty- five (365) days after the date on which the former appointee, employee or official ceases to be employed by the City of South Bend.