Chapter 2.101
ANTINEPOTISM
Sections:
2.101.020 Statement of purpose and policy.
2.101.050 Implementation, coordination and administration.
2.101.010 Definitions.
For purposes of this chapter, the following terms shall be defined as follows:
A. “Current employee” means any person who received payment of wages earned for services actually rendered within the sixty days prior to the date of adoption of this chapter.
B. “Elected official” means all elected officials of the village of Riverdale, including, without limitation, the village president, village trustees, and village clerk.
C. “Employee” means any person who earns wages paid by the village, but not persons acting as an unpaid volunteer.
D. “Nepotism” means employment or other favoritism granted to relatives without regard to merit.
E. “Officer” means appointed officers of the village, including the officers listed in this title, as well as appointed commissioners, trustees and other officers under Illinois state law.
F. “Relative” means father, mother, brother, sister, uncle, aunt, a husband, wife, civil partner, son or daughter, stepson, stepdaughter, son-in-law or daughter-in-law, brother-in-law or sister-in-law, niece, nephew or cousin (by blood, marriage or other legal action). A relative by adoption is treated the same as a biological relative, if the person was adopted as a minor. (Ord. 2014-05 § 3, 2014)
2.101.020 Statement of purpose and policy.
A. Nepotism in village government is contrary to good governance for the following reasons:
1. It is the policy of the village of Riverdale that employment decisions, including hiring, promotions, disciplinary actions and dismissals, be taken according to the merits of the individual, and the facts and circumstances of the matter at hand. Favoritism granted by family members in positions of authority is inherently contrary to this policy.
2. It is the policy of the village to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations.
3. Public confidence in village government requires openness and transparency in all important functions; concentration of control and access of any function in any family results in erosion of public confidence.
4. Nepotism creates an appearance of impropriety, whether or not any actual improper activities exist, and can hinder investigation of alleged or actual improprieties, further eroding effectiveness, integrity and public confidence in public institutions.
5. This policy is intended to comply with the requirements of all applicable federal, state and local laws.
B. It is the policy and purpose of this chapter to help remedy these, and other negative consequences associated with nepotism in village government. (Ord. 2014-05 § 3, 2014)
2.101.030 Prohibitions.
A. The village of Riverdale is hereby prohibited from employing the relative of any elected official or officer in a full or part-time position.
B. In addition, no elected official or officer may take part in actions concerning, or tending to influence, the promotion, discipline or dismissal of his or her relative.
C. If employees become related to an elected official or officer after employment, every effort will be made to identify a resolution to conflict in coordination with the related individuals. If an agreed solution cannot be reached, the village administrator will implement such actions as may be necessary to resolve the conflict, including, but not limited to, involuntary separation from employment. (Ord. 2014-05 § 3, 2014)
2.101.040 Exceptions.
A. Nothing in this chapter is intended, nor shall it be construed, to require dismissal, reassignment or similar action of any “current employee” as defined herein.
B. In the event this chapter is contrary to any existing written contract, collective bargaining agreement or statutory right of any employee, such written contract, collective bargaining agreement or statutory right shall control.
C. This chapter does not apply to noncompensated voluntary activities.
D. Any employment of an individual that would conflict with this chapter shall be subject to the approval of a five-sevenths vote of the corporate authorities of the village of Riverdale. Any elected official related to a prospective employee is expressly prohibited from voting on such approval. (Ord. 2014-05 § 3, 2014)
2.101.050 Implementation, coordination and administration.
The village administrator shall be responsible for the implementation, coordination and administration of the provisions of the policy set forth in this chapter. Prior to the application of this policy regarding employment or transfer decisions with respect to relatives, supervisors must contact the village administrator to ensure compliance with applicable federal, state and local laws. (Ord. 2014-05 § 3, 2014)