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Home My WebLink AboutO-1975-061 1 40, i ORDINANCE NO, 61 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DANIA, CODE OF ORDINANCES BY CREATING A NEW SECTION, ENTITLED, T OF "RESTRICTION ON EMPLOY- MENT RE LATIVES",, PROVIDING FOR A PROHIBITION ON EMPLOYMENT BY THE CITY OF CERTAIN DEFINED RELA- TIVES OF CURRENT CITY OFFICIALS OR EMPLOYEES AND OTHER QUALIFICATIONS AND RESTRICTIONS, 11 WHEREAS, the City Commission of the City of Dania, Florida, jis concerned with the problem of nepotism and its resulting damaging effect on City employees ' morale and efficiency, and WHEREAS, in an organization which should base employment and promotion upon competitive tests, records of efficiency, i character, experience and conduct, it is in the best interest I. of the City to prevent possible cases of actual or alleged favor ii itism by one member of a family or another, NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE ; CITY OF DANIA, FLORIDA: i Section 1 : That the Code of Ordinances of the City of Dania, Florida, entitled, "Administration", be and the same is I� hereby amended by adding a new section entitled "Restriction on I� Employment of Relatives" i' , which said section shall read as follows : j "SECTION 2-18 RESTRICTION OF EMPLOYMENT OF RELATIVES (a) In this section, unless the context clearly requires otherwise: (1) "Public Official or Employee" means any officer or employee of the City, specifically including members of non-compensated advisory boards of the City, j (2) "Employee" means every person engaged in any employment with the City under , any appointment or contract ,' i i of hire, express or implied, oral or written, for renumer- ' I; ation, including without limitation all full-time, part- . �I i II i� time, seasonal, permanent and temporary employees . i i I (3) "Relative" means an individual who is related I to the public official or employee as father, mother, son, I daughter, brother, sister, uncle, aunt, first cousin, nephew, I jit niece, husband, wife, father-in-law, mother-in-law, son-in-law, I r daughter-in-law, brother-in-law, sister-in-law, stepfather, step- mother, stepson, stepdaughter, stepbrother, stepsister, half bro- ther of half sister. (b) After the effective date of this section, no relative i ;1. of a public official, or employee shall be employed in the same department as a relative or in a position supervised or under I I lthe authority of a relative, by the City except in accordance I'I with the terms of this section. ii (c) All persons employed by the City on the effective I date of this section who presently have existing relationships that would otherwise prohibit their employment by the City, shall not be affected by the prohibition on employment contained I herein. (d) All persons employed by the City on the effective date of this section who are protected by the exemption contained in subsection (c) cupra, shall nevertheless be subject to the following restrictions and conditions on their continued em- ployment : ,I (1) If any of the relatives are presently employed in the same department or division, the relative should be transferred to a different department or division if it tpractical, in the discretion of the City Manager. it (2) If any of the relatives are not presently in it II the same department or division, no such transfer to within the same department or division shall take place. el i I I c i (3) If any of the persons so related is subject to I promotion or advancement or a raise in pay or status other than �j cost of living increases, before said promotion, advancement or i j raise shall be effective, the City Manager shall make a special evaluation of the proposed change and report by written memoran- dum to the City Commission on said change, and any and all rela- tives of said person subject to such change shall execute a I j written affidavit, under oath, swearing that they did not attempt j to influence said change by any means whatsoever and said affi- davits (s) shall remain in the permanent personnel file of the 11 subject employee. (e) If two public officials or employees change their family relationship by marriage, adoption or other means, i .I i so as to come in conflict with the employment prohibitions of i I ! this section, they shall come within Section (d) above, (f) A variance to the above requirements may be authorized by the following procedure: (1) If the City determines that an existing + vacancy cannot be filled with qualified personnel i! by normal recruitment efforts, the head of the depart i ment wherein exists said vacancy shall write a memoran- dum to the City Manager detailing what efforts have been made to fill said vacancy and requesting a waiver ' j (2) If the City Manager, upon receipt of said j memorandum and after administrative review, shall I { make a finding that literal application of the terms { of this ordinance shall work an unreasonable hardship i �i upon the practical governmental functions of the City, ; j he shall place the item on the agenda of the next regular City Commission meeting, requesting a written i I I. ' authorizing'! resolution g such waiver. Section 2 : That all sections or parts of sections of the Code of� Municipal Ordinances, all ordinances or parts of ordin- ances and all resolutions or rdin- parts of resolutions, in conflict herewith, be and the same are herebyit repealed to the extent of such conflict. Section That this ordinance shall be in full force ji and effect immediately upon its ' passang a and adoption, l PASSED AND ADOPTED on first reading this 24th day of March , 1975. I� PASSED AND ADOPTED on second reading this 5th day of _rtav 1475. i Mayor-Commissioner I ATTEST: I; i I 11Cy Clerk Auditor I I u li ii j li II I It i I It i II li I �I it 1 jl II ' fl i