HomeMy WebLinkAbout10166-12 Adopting the City of South Bend's Nepotism PolicyORDINANCE No.
Passed by the Common Council of the City of South Bend, Indiana
Attest:
JOHN
Attest:
June 25, 2012
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
June 26,
20
12
10166 -12
City Clerk
President of Common Council
(o -LCo
20 �-
City Clerk
Maj yr
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
City in order to continue to provide government services in an ethical manner and to comply with
the new laws effective July 1, 2012 codified at IC 36 -1 -20.2 and IC 36 -1- 21.
SECTION II. Both IC 36 -1 -20.2 and IC 36 -1 -21 specifically allow a governmental
unit to adopt requirements that are "more stringent or detailed" than those set forth in those
Chapters of the Indiana Code.
SECTION III. Both IC 36 -1 -20.2 and IC 36 -1 -21 define a relative for purposes of
nepotism and contracting with the City as "any of the following:
(1) A spouse.
(2) A parent or stepparent.
(3) A child or stepchild.
(4) A brother, sister, stepbrother, or stepsister.
(5) A niece or nephew.
(6) An aunt or uncle.
(7) A daughter -in -law or son -in -law."
In addition to the above persons, a "relative" for purposes of nepotism in employment and in
contracting with the City shall include a grandparent, step grandparent, a grandchild, and step
grandchild.
Furthermore, for purposes of the City's policies as to nepotism in employment and contracting with
the City by a relative, the other clarifications of "relative" as set forth in state law are adopted as
follows:
(a) An adopted child of an individual is treated as a natural child of the individual.
(b) The terms "brother" and "sister" include a brother or sister by the half blood.
SECTION IV. The City Nepotism Policy is hereby established effective July 1, 2012 by
adopting the minimum requirements provisions of IC 36 -1 -20.2, together with the additions set
forth in Section III of this Ordinance, and including all future supplements and amendments to IC
36 -1 -20.2 which become law from time to time, and making them a part hereof as if fully set forth
herein. A copy of IC 36 -1 -20.2, regulating Nepotism, and in effect on July 1 is attached hereto and
incorporated herein as Exhibit A.
SECTION V. IC 36 -1 -21, Contracting With a Unit, applies to an "elected official"
defined therein as:
(1) the executive or a member of the executive body of the unit;
(2) a member of the legislative body of the unit; or
(3) a member of the fiscal body of the unit.
In addition to an "elected official" as defined above, those persons whose contracts or renewal of
contracts with the City shall be subject to the restrictions of the Contracting With the City by a
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.
SECTION XI. All elected and appointed officials and employees of the City are
directed to, and shall cooperate fully in the implementation of the policies approved and adopted by
this Ordinance.
SECTION XII. Failure to abide by or cooperate with the implementation, compliance
and certifications connected with the Nepotism Policy and 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, including in the case of the Nepotism Policy, a transfer from the
direct line of supervision. 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.
SECTION XIII. Those portions of Executive Order #1 -2012 which are outside the
subject matter of IC 36 -1 -20.5 and IC 36 -1 -21 shall remain in full force and effect without
modification by this Ordinance.
SECTION XIV. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor and no later than July 1, 2012.
Member, South Bend Common Council
Attest:
City Jerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
tA 2 pgL, at CO 'k) o'clock Ck m.
4 1
City 6erk �
Approved and signed by me on the Z day of , , 2 0 t Z , at
3'� o'clock, .m.
1 ss READING (,0—( t - l
PUSUC HEARNG�— LI' -lt
3 rd READING �--u4 2... Cc I Q
NOT APPROV[D
REFERRED i
PASSED (o —2,S'1 L Ci.S /�jv►^� -�^ �`� �1
JUN 2
JOHN VOO SDia
CITY CLERK, SOUTH 5MY,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
25 -12 A BILL 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
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation as substituted by deleting the word daughter and replacing with
spouse.
This bill was heard. by the Personal & Finance Committee.
Karen L. White
Chairperson, Committee of the Whole
1400 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
DEPARTMENT OF I.AW
ALADEAN M. DERosE
Cn- YATTORNEY, AD INTERw
June 6, 2012
Mr. Derek Dieter
President, South Bend Common Council
4`" Floor, County -City Building
South Bend, IN 46601
PHONE 574 / 235 -9241
FAx 574/235 -7670
Re: Ethics Ordinance As to Nepotism in Employment and Contracting Per HEA 1005
Dear President Dieter:
In its 2012 session, the Indiana General Assembly passed HEA 1005 which addresses conflicts of
interest and nepotism. All cities and towns in the State of Indiana are required to adopt and implement
anti nepotism policies in employment and in contracting by July 1, 2012. Failure to do so can result in
severe penalties including non - approval of the City's budget and non - approval of appropriations requested
after July 1, 2012.
On January 1, 2012 Mayor Pete Buttigieg enacted Executive Order 1 -2012 which addresses the
two ethical issues covered by HEA 1005. The Executive Order includes grandparent/child level relatives
under its restrictions which HEA 1005 does not. The Executive Order also includes City appointees and
employees within the scope of its contracting restrictions which HEA 1005 does not.
Because the statutes created by HEA 1005 permit the City to enact policies more stringent than
those set forth in those _statutes and because Executive Order 1 -2012 reflects a policy of open, honest
government, the Ordinance being filed with this letter in compliance with HEA 1005 contains the
expanded scope of covered persons as described above. The ordinance was drafted using guidelines and
recommendations suggested by the Indiana Association of Cities and Towns (IACT).
I will present this ordinance to the Common Council at its Committee meeting and for public
hearing. Please keep in mind that the State has given us no later than July 1 to adopt the policies set forth
in this ordinance.
Thank you for your consideration.
Sincerely,
Aladean M. DeRose
City Attorney, A.I.
AMD /cw
Filed pt
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CHERYL A. GREENE ANN -CAROL NASH
ANDRFA L. BEACHKOFSKY LAWRENCE J. METF.IVF.R JEFFREY L. SANFORD
Chapter 20.2. nepotism
Sec. 1. This chapter applies to all units.
Sec. 2. Ali individual who is employed by a unit on July 1, 2012, is not subject to this chapter
unless the individual has a break in employment with the unit. The following are not considered a
break in employment with the unit:
(1) The individual is absent from the workplace while oil paid or unpaid leave, including vacation,
sick, or family aie -dicaI Ime, or raorker's compensation.
(2) The individual's employment with the unit is terminated followed by immediate reemployment
by the unit, without loss of payroll time.
Sec. 3—For purposes of this chapter, the performance of the duties of:
(1) a precinct election officer (as defined in IC 3 -5 -2 -40.1) that are imposed by IC 3: or
(2) a volunteer firefighter:
is not considered employment by a unit.
Sec. 4. As used in this chapter, "direct line of supervision" means an elected officer or employee
who is in a position to affect the terms and conditions of another individual's employment,
including snaking decisions about.work assignments, compensation, - rievances, advancement, or
performance evaluation. The term does not include the responsibilities of the executive, legislative
body, or fiscal body of a unit, as provided by Iasi, to make decisions regarding salary ordinances,
bud-ets, or personnel policies of the unit.
Sec. S. As used in this chapter, "employed" means an individual who is employed by a unit oil a
full - time, part- time, temporary, intermittent, or hourly basis. The terns does not include all
individual who holds only an elected office. The term includes an individual who is a party to an
employment contract with the unit.
Sec. 6. As used in this chapter, "member- of the fire department" means the fire chief or a
firefighter appointed to the department.
Sec. i. As used in this chapter, "member of the police department" means the police chief or a
police officer appointed to the department.
Sec. 8. (a) As used in this chapter, "relative" means any of the following:
Filed 1n C9.:r
JUN EXHIBIT
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(2) A parent or stepparent.
(3) A child or stepchild.
(Y) A brother, sister, stepbrother, or stepsister.
(5) A niece or nephew;
(tr) An at111t or- uncle,
(7) A daughter- in -law or son -in -lave.
(b) For purposes of this section, an adopted child of an individual is treated as a natural child of
the individual
(c) For purposes of this section, the terms "brother" and "sister" include a brother or sister by the
half blood.
Seca 9. (a) This chapter establishes minimum requirements regarding employment of relatives.
The legislative body of the unit shall adopt a policy that includes, at a minimum, the requirements
set forth in this chapter. Hotivever, the policy may:
(1) include requirements that are more stringent or detailed than any provision in this chapter;
and
(2) apply to individuals who are exempted or excluded from the application of this chapter.
The unit may prohibit the employment of relative that is not otherwise prohibited by this
chapter.
(b) The annual report filed by a unit with the state board of accounts under IC 5- 11 -13 -1 must
include a statement by the executive of the unit stating whether the unit has implemented a policy
under this chapter.
Sec. 10. Individuals tvho are relatives may not be employed by a unit in a position (fiat results in
one (1) relative being in the direct line of supervision of the other relative.
See. 11. (a) This section applies to an individual who:
(1) is employed by a unit oil the date the individuai's relative begins serving a term of an elected
office of the unit; and
(2) is not exempt from the application of this chapter under Section 2 of this chapter
we
(b) l mess a ioolic)' adopted under section 9 of this Chapter provides otherwise, an individual rnai�
rernain employed by a. unit and maintain the individual's position or rank. even i the lndlvicILI,.l.c
employment would violate section 10 of this Chapter.
(S) Unless a policy :adopted under section 9 of this chapter provides othC'C1VlSl', all lnd1V1(lEliEl
described in subsection (b) may not:
(1) be promoted to a position; or
(2) be promote(] to a position that is not within the merit ranks, in the case of an individual who is
a member of a .merit police department or nieri't .tire department;
if the new position would violate section 10 of this chapter.
See. 12. This chapter does not abrogate or affect an employment contract Nvith a unit that:
(1) an individual is a party to; and
(2) is in effect on the date the individual's relative begins serving a term of an elected office of the
unit.
Sec. 13. Unless the policy adopted under section 9 of this chapter provides otherwise, a sheriff's
spouse tnay be employed as prison matron for the county under IC 36- 8 -10 -5 and the spouse may
be in the sheriff s direct line Of supervision.
Sec.. 14. Uni -ess the policy adopted -Mider section 9 of this chapter provides othervvise, an
individual:
(1) vvlio served as coroner;
(2) who is currently ineligible to serve as coroner under .Article 6, Section 2(b) of the Constitution
of the State of Indiana;
(3) who, as coroner, received certification under IC 36-2-1-.4-22.3, and
(4) whose successor in the office of coroner is a relative of the indivi(ual:
may be hired in the position of deputy coroner and be in the coroner's direct line ot'supervision.
Sec. 15- If the tovvnship trustee's office is located it) the township trustee's personal residence,
unless the policy adopted under section 9 of this chapter provides other yr ise the tow nship trustee
may hire only one (1) eniployee vvho is a rehitive. The eniplo,yee:
(1) Inav be hired to work only in the township trustee's office:
(2) may be in the tov7•nship trustee's direct line of supervision: and
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(3) naa.y not receive total salary', bene-fits, and compensation that exceed fii e thousand dollars
{$5,000) per year,
See. 16. Each elected officer of the unit shall annuall;v certify in writing, sxrbject to the perialtics for
gvrjury, that the officer has .aot violated this chapter. An off-jeer shall submit the certification to
tlae executive of the unit not later than December 31 of each year.
See. 17. If the state board of accounts finds that a unit has not implemented za policy under this
chapter, the state board of accounts shall fbr;vard the information to the department of local
government finance.
See. 18. If a unit has not implemented a policy under this chapter, the department of local
government finance may not approve:
(1) the unit's budget; or
(2) any additional appropriations for the unit;
for the ensuing calendar year until the state board of accounts certifies to the department of local
government finance that the unit is in compliance with this chapter.
Chapter 21. Contracting With a Unit
See. 1. This chapter applies only to a unit.
See. 2. As used in this chapter, "elected official" means:
(1) the executive or a member of the executive body of the unit;
(2) a member of the legislative body of the unit; or
(3) a member of the fiscal body of the unit.
See. 3. (a) As used in this chanter, "relative" means any, of the following:
(1) A spouse.
(2) A parent or stepparent.
(3) A child or stepchild.
(4) A brother, sister, stepbrother', or stepsister.
(S) A niece or uephew.
(fi) An aunt or uncle. re clerx's
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EXHIBIT j4N RK, �
111311
(7) A daughter- in -law or son -in -lave.
(b) For purposes of this section, an adopted child of an individual is treated as a natural child of
the individual.
(c) For purposes of this section, the terms "brother" and "sister" include a brother or sister b Y the
half blood.
Sec. 4. (a) This chapter establishes nzininzum requirements regarding coritrazctin'U with a usrit. The
legislative body of the unit shall adopt a policy that includes, at a rnrnzrnunr, tine requirements set
forth In this chapter. However, the policy nnay:
(1) include requirements that are more stringent or detailed than any provision in this chapter;
Lind
(2) apply to individuals who are exempted or excluded from the application of this chapter.
The unit may prohibit or restrict an individual frorn entering into a contract vi ith the unit that is
not otherwise prohibited or restricted by this chapter.
(b) The annual report filed by a unit with the state board of accounts under IC' 5- 11 -13 -1 must
include a statement by the executive of the unit stating whether the unit has implemented a poliev
under this chapter.
Sec. 5. (a) A unit may enter into a contract or renew a contract for the procurement of goods and
services or.a contract for public wai-ks with:
(1) au individual who is a relative of an elected official; oz-
(2) a business entity that is wholly or partially owned by a relative of an elected official:
only if the requirerents of this section are satisfied and the elected official does n.ot violate 1C 35
44 -1 -3.
(b) A unit Wray enter into a contract or renew a contract with an individual or business entity
described in subsection (a) if:
(1) the elected official files with the unit a full disclosure, which must:
(A) be in writing:
(B) describe the contract or purchase to be made by the unit;
(C) describe the relationship that the elected official has to the individual or business entity that
contracts or purchases;
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(D) be affirmed under pen2.lt4• of perjury;
(E) be submitted to tine legislative body of the unit and be accepted by the Ielgislative body in a
public rneeting of the unit prior to final action on the contract or• purchase, and
(F) be filed, not later than fifteen (15) days after final action on the contract or purchase, r` ith:
(i) the state board of accounts; and
(if) the cleriz of the Circuit court in the county ii here the unit takes final action on the contract or,
purchase;
(2) the appropriate agency of the ►init:
(A) makes a certified statement that the contract amount or purchase price vas the lowest amount
or price bid or offered; or
(B) makes a certified statement of the reasons why the vendor or contractor- was selected; and
(3) the unit satisfies any other requirements under fC 5 -22 or IC 36 -1 -12.
(c) An elected official shall also comply with the disclosure provisions of IC 35- 44 -1 -3, if
applicable.
(d) This section does not affect the initial term of a contract in existence at the time the term of
office of the-clected official of the tiiiit begins.
Sec. 6. Each elected officer of the unit shall annually certify in writing, subject to the penalties for
perjury, that the officer is in conr�lianee with this chapter. An officer shall submit tile: certification
to the executive of the unit not later than December 31 of each year.
Sec. 7. If the state board of accounts finds that a unit has not implemented a p0lic}' under this
chapter, the state board of accounts shall forivard the information to the department of local
government finance.
Sec. S. if a unit has not implemented a policy under- this chapter, the department of local
government Finance may not approve:
(1) the unit's budget; or
(2) any additional appropriations for the unit;
for the ensuing calendar year until the state board of accounts certifies to the department of local
government finarice that the unit has adopter] a policy under this chapter.
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CITY OF SOUTH BEND
PETE BUTTIGIEG, MAYOR
OFFICE OF THE MAYOR
Filed III Clerk's Off llcv: ,
January 1, 2012 JUN
JOW
City of South Bend Ethics Code CITY CLER � 6.y
This executive order hereby establishes an Ethics Code for the City of South Bend,
Indiana, which will ensure that the residents of the city have officers, appointees, and employees
adhering to an ethical standard that is consistent, transparent, understood, and most importantly,
followed, in the mayor's office and in the departments and agencies throughout the city. New
city employees are expected to read and acknowledge this code during the hiring process.
1. An appointee or employee shall not knowingly solicit, accept, or receive a gift, favor,
service, entertainment, food, drink, travel expense, or registration fee from a person who
has a business relationship or seeks a business relationship with the appointee's or
employee's agency or department or is seeking to influence an action by the appointee. or
employee in his or her official capacity.
2. Notwithstanding section (1), an appointee or employee may accept:
a. Any gift, favor, service, entertainment, food, drink, travel expense or registration
fee that has a value of less than twenty-five dollars ($25.00), provided that the
appointee or employee does not knowingly solicit, accept, or receive gifts, favors,
services, entertainment, food, drink, travel expenses or registration fees from the
same person or his or her employer that have a cumulative value of more than one
hundred dollars ($100.00) in any calendar year.
1400 COUNTY -CITY BUILDING - 227 W. JEFFERSON BOULEVARD - SOUTH BEND, INDIANA 46601
PHONE 574/235 -9261 • FAx 574/235 -9892 EXHIBIT
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b. Gifts, favors, services, entertainment, food, drink, travel expenses or registration
fees from public agencies or public institutions; however, such gifts, favors,
services, entertainment, food, drink, travel expense, or registration fees shall be
utilized for the benefit of the city, and not solely for the benefit of one's self or
relatives;
c. Mementos or souvenirs with a cumulative value of $25.00 or less;
d. Food or drink consumed at a public meeting to which at least ten (10) individuals
are invited; a meeting will be considered public if-
J. The event is a reception to which at least ten (10) individuals are invited or
other gathering that is not arranged to solicit government procurement of
goods or services from anyone who holds a public office at the federal,
state, or local level;
H. The appointee or employee is giving a speech or participating in a
presentation in his or her official capacity; or
iii. The meeting has a formal educational program that the appointee or
employee is attending to assist him or her in performing official duties;
e. Food, drink, entertainment, travel expenses, or registration fees accepted in
furtherance of activities to benefit the city or region related to. an economic
development effort, includinglob retention, expansion or attraction, reduction of
"blight, and securing convention" and visitor business, approved in advance by the
mayor or his or her director of economic development;
f. Gifts, favors, services, entertainment, food, or drinks from relatives, or a person-
with whom the individual has an ongoing social relationship that existed before
the appointee or employee was appointed or employed by the agency, so long as:
L The gifts or other items of value are paid for personally by the giver,
rather than a business entity, and not deducted as a business expense; and
ii. The giver is not seeking to influence action or inaction by the individual in
that person's official capacity;
g. Property accepted as a gift to the city or county and logged by the corporation
counsel; and
h. Any item of value for which face value or reasonable fair market value is
promptly paid and for which a record of the transaction is filed with the
corporation counsel.
i. The corporation counsel may waive application of subsection (a) of this rule in
individual cases when consistent with the public interest. The waiver shall be in
writing, shall be made available to the public, and include:
i. The name of the appointee or employee;
ii. The nature and estimated value of that which is being provided;
iii. The name of any person who paid a portion of that which is being
provided; and
iv. -An explanation of why acceptance is consistent: with the public interest.
3. The chief administrative officer of an agency or department, appointees, and employees
with final purchasing authority shall not solicit political contributions from persons with a
business relationship with his or her agency on'behalf of any candidate for elected office.
4. Any civilian full -time city employee who is considering entering an agreement to work or
consult, in addition to his or her city employment, for financial compensation will seek
approval from corporation counsel prior to entering into a financial agreement. If
,corporation counsel determines that the additional work would not be a conflict of
interest, he or she will issue a letter to this effect and maintain a record of the name of the
person or business compensating the employee, and the annual amount paid.
5. An appointee or employee may not solicit or receive compensation:_
a. For the sale or lease of any property or service to a person with a business
relationship with the appointee or employee or an official's, appointee's, or
employee's agency or department that substantially exceeds the amount that the
official, appointee, or employee would charge in the ordinary course of business;
or
b. For the performance of official duties other than as provided by law.
6. An appointee, employee, former appointee, or former employee shall not disclose or
materially benefit from confidential information, as defined in Section 7 below, and shall
use such confidential information only in the course of his or her performance of official
responsibilities.
7. For purposes of this Code of Ethics, "confidential information" includes any and all data
and information, whether in written, electronic or spoken form, to which an appointee,
employee or official has access by reason of his or her employment and which is not
generally known to or readily ascertainable by others or otherwise subject to public
access or disclosure by law. Any and all records, copies of records, and other property
(including, but not limited to a -mails and electronic records) containing such confidential
information are and shall remain the property of the City of South Bend and must be
returned promptly to the applicable agency or department of the City upon any
termination of appointment, employment* or engagement of the appointee, employee or
official.
8. For the purposes of this Code of Ethics, "relative" means any person related as
grandfather, grandmother, father, mother, stepfather, stepmother; brother, sister,
stepbrother, stepsister, uncle, aunt, husband, wife, son, daughter, stepchild, father -in -law,
mother -in -law, son -in -law, daughter -in -law, grandchild, stepgrandchild, niece, or
nephew..
9. An official, appointee, or employee',-'or a member of an official's, appointee's, or
employee's immediate family, may not knowingly have a financial interest in a contract
.xnade by that official's, appointee's, or employee's agency. This prohibition does not
apply to:
a. An official, appointee, or employee who does not participate in or have official
responsibility for any of the activities of the contracting agency, if:
i. The contract is made after public notice or, where applicable, through
competitive bidding;
ii.. The official, appointee, or employee files with the office of corporation
counsel a statement making full disclosure of all related financial interests
in the contract;
iii. The contract can be performed without compromising the performance of
the official duties and responsibilities of the official, appointee, or
employee; and
iv. In the case of a contract for professional services, the chief administrative
officer of the contracting agency makes and files a written certification.
with the office of corporation counsel that no other official, appointee, or
employee of that agency is available to perform those services as part of
his or her regular duties; or
b. An official, appointee, or employee who, acting in good faith, learns of an actual,
or prospective violation of the prohibition in subsection (a), provided that, not
later than thirty (30) days after learning of the actual or prospective violation, the
official, appointee, or employee makes a full written disclosure of any financial
interests to the contracting agency and the office of corporation counsel, and
terminates the financial interest
10. A relative of an official or employee shall not be employed in the same agency as the
official or employee, if the relative would be hired by, supervised by, or directly
supervise the official or employee; however, this section shall not apply to sworn
members of the police or fire departments. This section will not be construed to nullify
employment decisions made before January 1, 2012.
11. This code of ethics will apply to the mayor as well as to appointees and employees.
Approved and signed by me on the day of January, 2012, at o'clock p°.m.
Fated in.-Ver P f-
Mayor, City of Sout end, Indiana
CITY CLERK.
Attest:
Cler , -ity of South Bend, Indiana