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HomeMy WebLinkAboutO-1993-1923 e e ORDINANCE NO. 93-1923 AB ORDINABCE ADOPTING AN AMENDMENT TO CHAPTER 3, SECTION 8, "NEPOTISM", OF THE CITY OF LA PORTE PERSONNEL POLICY MANUAL DATED JANUARY 1, 1992; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLZABCE WZTH THE OPEN MEETINGS LAW; PROVZDING AB EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. Chapter 3, Section 8, "Nepotism" of the City of La Porte Personnel Policy Manual dated January 1, 1992, is hereby amended, and shall hereafter read as follows, to-wit: "SECTION 8 - NEPOTISM This section shall apply only to City employees as defined in Chapter 3, section 2, hereof. This section shall not apply to reserve police officers and volunteer fire fighters who are not otherwise employed as regular full-time employees of the City. No employee may directly or indirectly supervise or be supervised by a City employee who is a member of his or her immediate family. For purposes of this section only, "immediate family" includes husband, wife, unmarried domestic partner, son, daughter, step-Children, father, mother, step- father, step-mother, brother, sister, father-in-law, mother- in-law, brother-in-law, sister-in-law, grandfather, grandmother, grandson, granddaughter, son-in-law, daughter- in-law, aunt, uncle, nephew and niece. In addition, two or more members of an immediate family shall not report to the same divisional supervisor. In the event that such immediate family or cohabi tation relationship places two City employees in violation of this policy, each employee must report the matter immediately to his department director and to the Human Resources Department. The department director shall first determine if one or both of the employees can be reassigned within the department in a manner which would not violate this section. If such reassignment wi thin the department is not possible, both employees shall be consulted and the two employees, jointly, shall make the decision as to which one shall leave City emplOYment, or transfer to a different City department, if possible. If the two employees fail to make an election within thirty calendar days, the City Manager shall make the decision as to which one shall leave City emplOYment, which decision shall be binding and final. . e ORDINANCE NO. 93- 1923 PAGE 2 The City Manager may apply this nepotism prohibition in other organizational relationships when failure to do so would be detrimental to the City. In addition, the City Manager may, during emergencies or unforeseen circumstances, temporarily waive and suspend the provisions of this Section. No person related, within the second degree by affinity, or within the third degree by consanguinity, to the Mayor or any Counci1person or to the City Manager shall be employed or appointed to any office, position, or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the City at the time of the election or appointment of the officer to whom he is related. (City Charter Article VIII, section 8.02(c)." section 2. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance or amendment of the City of La Porte Personnel Policy Manual hereby adopted, shall for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, or said Personnel Policy Manual, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to . . ORDINABCE NO. 93- 1923 PAGE 3 the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 23rd day of August, 1993. CITY OF LA PORTE By: ~~~ Mayor ATTEST: ~-~ Sue Lenes, City Secretary