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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending the Administrative Code, specifically the Accountability, Conduct & Ethics Code, further providing for a definition and exception within the Standard of Conduct.
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WHEREAS, County Council adopted Ordinance No. 35-01 on April 3, 2001, establishing the Accountability, Conduct and Ethics Code; and
WHEREAS, in selecting employees, the applicant best qualified and available to perform in the position should, without exception, receive the employment offer; and
WHEREAS, while recognizing the conflict of interest inherent in such possibilities; it is the intent of Council to ensure that family relationships are defined and to further protect such individuals from having such relationships used as a detriment to application or a deterrent to official employment within the County.
The Council of the County of Allegheny hereby enacts as follows:
Section 1. AMENDMENT OF ARTICLE 1013, SECTION 1013.03 OF THE ETHICS CODE
Article 1013, Section 1013.03, Definitions, shall be amended to add the following definition:
Section 1013.03 Definitions.
FAMILY MEMBER - Shall mean the same as "Immediate Family."
Section 2. AMENDMENT OF ARTICLE 1013, SECTION 1013.09 OF THE ETHICS CODE
Article 1013, Section 1013.09, Standards of Conduct, Subsection G, shall be amended as follows:
Section 1013.03 Definitions.
G. Patronage/nepotism.
(1) No covered person shall unduly exert, negatively or positively, his influence to gain, or attempt to gain, preferential treatment on behalf of an applicant for employment or advancement with the County.
(2) No family member of a County Official or County Officer shall be permitted to obtain full-time employment with the County or agency except through the election to a public office.
(3) No covered person shall supervise a family member.
(4) Exceptions:
(a) Where the family member is employed by the County prior to the election of a related County officer or County official or appointment of a related Agency member;
(b) Where, after the County officer or County official has obtained elected office, or an Agency member has been appointed, an individual employed by the County becomes a family member;
(c) Where individuals were employees prior to the adoption of this Administrative Code;
(d) Where the family member is hired and employed by the County in an exempted position with the County Career Service, within a separate branch of government; and such family relationship is disclosed to the hiring official and the Human Resources Department prior to employment. Section 1013.03 (G)(1) shall remain in effect and shall be enforced.
(e) For good cause shown, as established under this article, where the County would suffer hardship as a result of the prohibition.
SECTION 3. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 4. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.