The Common Council of the City of Southport declares that an anti-nepotism policy should be enacted.
(A) 
Purpose. Decisions about hiring, promoting, evaluating, awarding salary increases, job assignments, terminating employees, and the awarding of contracts for goods, services, and public works projects should be based on the qualifications, performance, and ability of the employee or contractor. Every attempt to avoid favoritism and conflicts of interest in employment related and contractual decisions instills confidence of the electorate in its government. The purpose of this policy is to prohibit certain individuals from being employed by the City of Southport in a position in which a relative, as defined in this chapter, provides direct supervision. Additionally, this policy regulates contracting with relatives of individuals employed by the City of Southport for goods, services, and public works projects.
(Ord. 1206 § 2, passed 6-18-2012)
(A) 
BREAK IN EMPLOYMENT.
Termination, retirement, or resignation of an employee from the City. A break in employment does not occur due to absence from the workplace while on a paid or unpaid leave, including but not limited to: vacation, personal days, sick or family medical leave, or worker’s compensation leave, or if the employment is terminated followed by immediate re-employment by the City without loss of payroll time.
(B) 
CITY.
The City of Southport and its boards, commissions and departments.
(C) 
DIRECT LINE OF SUPERVISION.
An elected officer or employee who is in a position to affect the terms and conditions of another individual’s employment. Such effect may include, but is not limited to, making decisions about work assignments, compensation, grievances, advancement, or performance evaluation. Decisions and action taken by the Mayor or City Council regarding the passage of annual salary ordinances, annual budgets, and personnel policies are excluded from this definition.
(D) 
ELECTED OFFICIAL.
The Mayor, City Clerk-Treasurer, and members of the Southport City Council.
(E) 
EMPLOYED.
An individual who works for or is appointed to any department or board of the City on a full-time, part-time, temporary, intermittent, seasonal, hourly, or contractual basis.
(F) 
MEMBER OF THE POLICE DEPARTMENT.
The Police Chief and any police officer appointed to the Southport Police Department.
(G) 
RELATIVE.
For the purposes of this chapter, the term includes any of the following:
(1) 
Spouse;
(2) 
Parent or step-parent;
(3) 
Child or step-child (includes an adopted child);
(4) 
Sister, brother, step-sister, step-brother (includes sister or brother by half-blood);
(5) 
Niece or nephew;
(6) 
Aunt or uncle;
(7) 
Daughter-in-law or son-in-law; and
(8) 
Sister-in-law or brother-in-law.
(Ord. 1206 § 3, passed 6-18-2012)
(A) 
No person who is a relative or family member of any elected official of the City shall be considered for employment as an employee of the City. This applies to full-time, part-time, and seasonal employment. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the City where a relative of a permanent employee is elected after the date of the permanent employee’s start date of employment with the City.
(B) 
No elected official can serve as liaison to any department that employs any member of that elected official’s family.
(C) 
No municipal employee shall be in a position that provides supervision over a member of his or her family. This precludes the acceptance of applications for full-time, part-time or seasonal employment from relatives for positions in the same department where supervision conflicts exist or through promotion, potential conflict could exist. This policy does not apply to present employees of the City.
(D) 
These policies are not for the purpose of depriving any citizen of an equal chance for a government job, but solely to eliminate the potential for preferential treatment of the relatives of government personnel or elected officials. These policies will not deprive any permanent employee as of the date of these policies of any promotional right in the normal career development nor change the existing status of any permanent employee. None of these policies apply to any unpaid volunteer positions.
(Ord. 1206 § 4, passed 6-18-2012)
No elected official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such elected official or supervisor.
(Ord. 1206 § 5, passed 6-18-2012)
No relative or family member of an elected official shall be appointed to the position of any municipal professional who receives compensation, or to any board or commission which has more than an advisory role and/or one in which the members receive compensation.
(Ord. 1206 § 6, passed 6-18-2012)
The City may enter into or renew a contract for the procurement of goods, services, or public works projects with a relative of an elected official or a business entity in which a relative has an ownership interest if:
(A) 
The elected official files with the City a full disclosure which must be:
(1) 
In writing; and
(2) 
Describe the contract or purchase to be made by the City; and
(3) 
Describe the relationship the elected official has to the individual or business entity that provides the contract for goods, services or public works projects.
(B) 
The appropriate City board or department:
(1) 
Issues a certified statement that the contract amount or purchase price was the lowest amount or price bid offered; or
(2) 
Issues a certified statement detailing the reasons why the particular vendor or contractor was selected.
(C) 
City satisfies all other requirements of Indiana’s public purchasing (I.C. 5-22) or public works projects (I.C. 36-1-12) statutes.
(D) 
The elected official complies with disclosure provisions of I.C. 35-44-1-3.
(Ord. 1206 § 7, passed 6-18-2012)
All statements, complaints, requests or other written materials filed pursuant to this chapter, or other official papers prepared pursuant to this chapter, shall be preserved for a period of at least five years from the date of filing or preparation.
(Ord. 1206 § 7, passed 6-18-2012)
(A) 
An annual report shall be filed by the City with the State Board of Accounts under I.C. 5-11-13-1 and must include a Mayor’s statement that the City has implemented a nepotism policy with regard to employment matters and the contracting for the procurement of goods and services.
(B) 
Prior to December 31 of each year, each elected officer shall submit to the Mayor a certification in writing, subject to the penalties of perjury that said officer has not violated the provisions of the City’s nepotism policy with regard to employment matters and the contracting for the procurement of goods and services.
(Ord. 1206 § 10, passed 6-18-2012)