Resolution No. 2011-137RESOLUTION NO. 2011-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND ADOPTING A NEPOTISM POLICY AND
REPEALING RESOLUTION NO. 5314
WHEREAS, on September 16, 1986, the City Council of the City
of Vernon adopted Resolution No. 5314 establishing rules and
regulations respecting the employment of related family members; and
WHEREAS, the City Council of the City of Vernon wishes to
adopt a nepotism policy establishing new rules and regulations -
respecting the employment of related family members.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and adopts the Nepotism Policy, a copy of which is attached
hereto as Exhibit A.
SECTION 3: All resolutions or parts of resolutions,
specifically Resolution No. 5314, not consistent with or in conflict
with this Resolution are hereby repealed.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 2nd day of August, 2011.
Name: Hilario Gonzales
Title: Mayor /
2
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-137, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, August 2, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 3 day of August, 2011, at Vernon, California.
(SEAL)
Willard G. guc City Clerk
- 3 -
EXHIBIT A
CITY OF VERNON
NEPOTISM POLICY
EFFECTIVE AUGUST 2, 2011
1. General
It is the policy of the City of Vernon that relatives of City officers or employees shall not be
hired, promoted, or transferred into positions in which one relative may supervise, directly or
indirectly, any other relative, or work in a capacity which would allow an employee to
evaluate or control the terms, conditions, or performance circumstances of employment of a
relative. Indirect supervision refers to a situation in which a relative is hired, promoted, or
transferred into the chain of command of another relative, and one of the individuals has
management or supervisory responsibilities in the division or section in which both would
work even if the relative would not directly supervisor or interact with the newly hired,
promoted, or transferred employee. This prohibition shall apply to all full- and part-time
regular employees, to all temporary employees, and to all individuals working for the City
through a temporary services agency. This policy will not prevent relatives from being
regularly assigned to shifts that may overlap, or from short-term temporary or acting
assignments, as long as one relative does not supervise, directly or indirectly, another
relative, nor work in a capacity which would allow an employee to evaluate or control the
terms, conditions, or performance circumstances of employment of a relative.
Relatives of City officers or employees, members of the City Council, or members of any
City Board or Commission shall not be employed in any position in which the employment
of such relative has the potential for adversely impacting the safety, security, morale or
efficiency of supervision or function of other employees, or in which there may be created an
actual or potential conflict of interest or the appearance of a conflict of interest.
No employee, prospective employee, or applicant shall be improperly denied employment or
benefits of employment on the basis of marital status or relationship to another City official
or employee.
2. Definition of "Relatives"
For the purpose of this policy, a "relative" shall be defined as a spouse, sibling, parent, son,
daughter, grandparent, or grandchild. Half -relatives, step -relatives, adoptive relatives,
domestic partners, and in-laws are included in this definition.
3. Accommodation for Employees Who Marry or Acquire a Covered Relationship
In those cases in which employees marry or acquire a covered relationship as defined in
Section 2, the department head shall be responsible to ensure that work assignments are made
so as to avoid conflicts of interest or violation of this policy. If no conflict of interest exists
because employees have no working interrelationship, supervisory or evaluative control over
one another, no action may be necessary. If conflict exists, such action may include
reassignment to another position, work location, or work shift within the department. If such
reassignment or other alternative is not available within the department, the Human
Resources Director will be contacted to identify other possible alternatives within other City_
departments.
The employee is responsible for immediately notifying the department head of an impending
marriage or an impending acquired relationship with another employee within the same
department.
4. Accommodation for Employees with Existing Covered Relationships
This policy shall take effect upon its adoption by the City Council. Employees in place at the
date of adoption are not subject to the provisions so long as they remain in their existing
classifications.
5. Compliance and Responsibility
The Human Resources Director is responsible for enforcing this policy with the assistance of
the applicable department head. In the absence of the Human Resources Director, the Risk
Manager shall be the responsible enforcement officer.
No relatives may be hired, transferred, or promoted into the same department without the
approval of the Director of Human Resources.
The employee is responsible for immediately notifying the department head of an impending
marriage or an impending acquired relationship with another employee within the same
department.
6. Appointive Authority Restrictions
No City officer or employee shall be directly involved or seek to influence or assist in the
hiring, promotion, or transfer of a relative of his or hers to any position within the City.
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 3, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No: 2011-137 — A Resolution of the City Council of the City of Vernon
Approving and Adopting a Nepotism Policy and Repealing Resolution No, 5314
Transmitted herewith is a copy of Resolution No. 2011-137 referenced above, which was approved by City
Council on August 2, 2011.
Thank you.
WY:dj
Attachment
c: Karin Rueda
Resolution No. 2011-137
RECEIVED
JUL 2 8 2011
CITY CLERK'S OFFICE STAFF REPORT
CITY ADMINISTRATION
DATE: July 27, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator {
RE: Nepotism Policy
Background
Upon review of the City's current policy respecting the employment of related family members,
adopted in 1986, the Independent Ethics Advisor has recommended that the City adopt an
updated nepotism policy as soon as possible that includes the 'controls expected in a best
practices policy today.
The current nepotism policies of comparable jurisdictions were reviewed and components of
those were adapted into the proposed nepotism policy that is attached to this report. If approved,
the existing 1986 policy shallbe repealed and superseded by the new policy.
Recommendation
It is recommended that the proposed nepotism policy be adopted by resolution at the August 2,
2011 City Council meeting.
Attachment