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HomeMy WebLinkAboutORD 7152 NEPOTISM Ordinance No. 7152 AN ORDINANCE TO AMEND THE NEPOTISM PROVISIONS OF SECTION 1.K OF THE AUGUSTA-RICHMOND COUNTY EMPLOYEE HANDBOOK, WHICH IS PART OF THE AUGUSTA, GA CODE, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Nepotism provisions of the Employee Handbook need to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Nepotism provisions applicable to Augusta-Richmond County employees; THE AUGUSTA-RICHMOND COUNTY COMMISSION hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section ~1-7-51(a) as re-adopted July 10, 2007, provides that the Augusta-Richmond County Personnel Policies and Procedures Manual, also known as the Augusta, Georgia Employee Handbook, is "designated as Appendix B to the Augusta- Richmond County Code and [is] incorporated herein by reference and which includes all amendments through the date of the recodification of this Code and all amendments thereafter." The newly added Nepotism provisions shall replace Section l.K Nepotism in its entirety, as set forth in "Exhibit A" hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, except that any persons prohibited from seeking employment and/or participating in the hiring process, on or after January 1, 2009, as a result of the Nepotism provisions in force before this amendment, shall be permitted to continue to seek employment and/or participate in the hiring process, in accordance with the amended Nepotism provisions, attached hereto as "Exhibit A." SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify the Code of Ethics contained in AUGUSTA, GA, CODE ~~1-1-20 through 1-1-26. Adopted this 5 day of ~ ,2009. 1st reading October 20, 2009 (Jl~./XI'. //\ ./ David S. Copenh~ As its Mayor CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on No" 5) ,2009 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: Nov~mh~r ~~. 2009 First Reading: Oct 70. 2009 Second Reading: Nov 5, 2009 Exhibit "A" 1.K NEPOTISM Nepotism is dcjined tlS "the fllWJl'itism 81' paHvJHRge [;MHted t8 l'elRlives. " Members of aH employee's family, hel:lsehold, or relatiyes (iecll:ldiHg a persoH f-or '{,hom an el'Flployee has legal responsibility, a pareHt, stop pareHt, ohild, step ohild, SOH in law, dffi:lghter in law, brother, sister, spol:lse, aant, I:lnole, niece, Hepl'le',v, graBdparent, grandohild, brother in law, sister iB law, or persoHs living iH the employee's household) will not be oonsidered for employment Y/heB: 1. their positioH or yol:lr position wo\:lld exercise supervisory, appointmeHt, grievaHee adjustmeHt, dismissal, or disoipliHary ffi:lthority or inflmmoe J. ifyel:l or the eH'lpleyee wOl:lld al:ldit, verify, reeeive, or be ootrnsted with this gO'/emment's meHe)' or property 3. where }~I:lgl:lsta must limit hiriHg to avoid oonfliot of interest ':Iith ol:lstomers, agooeies, ef others with whom }~Hgusta OOHtRwtS business 4. where }~I:lgusta l'mlst limit hiriHg to avoid em.pleym.oot diserimiHatioH, perseBHel policy confliots, or related problems. The Hl:lman Resollroes DepartmeBt will not knowingly place an employee in a situation where he/she is supervised by a mem.ber of his/Rer family, immediate hOl:lsehold, or relative, or where favoritism, interpersonal oOHfliot, laok of produotivity, effioienoy, or other adverse employment oonditions may OOONr. BECOMINC REL}..TED DURINC THE COURSE OF EMPLOYMENT If the situation OOONrs where an employee marries or becomes related by marriage (as defined abeye) to aftother individl:lal iH the departmoot, the employees ':Iill have 30 days to deeide 'Nhiel'l one of them. willleaye. If the employees do not deoide, then Human ReSOl.ifOeS 'will arrange for a transfer ef the empleyee who was last hired te a cOl'Flpftfable positioH iH lHlother department within 60 days. If the transfer is offered and declined by the employee, all contiDHed rights of employm.ent sl'lall oease, aDd such empleyee will be separated. This policy shall not be retroactive, I:lHless any of the above adverse oonditions are being practioed. This policy will be applied in acoordanoe with applioable state aHd f.oderallaw, aHd any employee who violates the flelicy will be subject to discipline l:lp to and incll:lding termination. REPLACE WITH: 1.K NEPOTISM NeTJotism is defined as "the bestowal of official favors on one's relatives. eSTJeciallv in hirinrz. " Am!Usta-Richmond Countv emolovees and officials subiect to the Emolovee Handbook are orohibited from enl!al!inl! in Neootism. Everv candidate for emolovrnent must list on their emolovrnent aoolication all oersons that are "related" to them as defined bv this section. "Relative." for ourooses of this section onlv. is defined as a soouse. oarent. steo-oarent. child. steo-child. brother. sister. or oersons livinl! in the emolovee's household. (A)No relative. as defined in this section shall oarticioate in the orocess of selectinl!. interviewinl!. hirinl!. oromotinl!. demotinl!. evaluatinl! or disciolininl! a relative. (B) No relative. as defined in this section. shall be olaced. or remain in. a oosition where he or she is directlv suoervised. on a dailv basis. bv another relative. (C) An aoolicant for emolovrnent will not be hired when the oosition thev would be olaced in would cause him or her to either: 1) be directlv suoervised on a dailv basis bv another relative: or 2) directlv suoervise another relative on a dailv basis. Deoartment Directors are oermitted to make reasonable adiustments to allow related oersons to work in their deoartments in accordance with the orovisions of this section. However. Deoartment Directors shall not be reauired to take unreasonable steos to oermit the emolovrnent of related oersons in their deoartment. Nothinl! in this section shall be construed to reoeal or modifv the Code of Ethics contained in AUGUSTA. GA. CODE SS 1-1-20 throul!h 1-1-26. BECOMING RELATED DURING THE COURSE OF EMPLOYMENT If the situation occurs where an emolovee within a deoartment marries or becomes related bv marrial!e to another individual within the same deoartment and one soouse is in a oosition where he or she directlv suoervises the other soouse on a dailv basis. the Deoartment Director and the two affected emolovees will have thirtv (30) davs to chanl!e the oositions of one or more members of the married couole such that thev can both work in the same deoartment without the Neootism orovisions of this section beinl! violated. If this is not oossible. then within sixtv (60) davs of the marrial!e date. the Director of Human Resources will evaluate the aualifications of the emolovee who was last hired to see if there is a comoarable oosition available in another deoartment. If no comoarable oosition is found in another deoartment within sixtv (60) davs of the marrial!e. or if a transfer is offered and declined bv the emolovee. all continued ril!hts of emolovrnent shall cease. and such emolovee will be seoarated. This oolicv will be aoolied in accordance with aoolicable state and federal law. and anv emolovee who violates the oolicv will be subiect to discioline uo to and includinl! termination.