§ 2-11. Restrictions on employment of relatives and cohabitants.  


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  • (a)

    In this section, unless the context clearly requires otherwise, the following words and phrases shall have the meanings herein ascribed to them:

    (1)

    City official or employee: Any officer or employee of the City of Oakland Park and specifically including every person engaged in any employment relationship with the City of Oakland Park under any appointment or contract of hire, whether express or implied, oral or written, for remuneration and including all full, part-time, seasonal, permanent and temporary employees.

    (2)

    Appointing authority: Any officer or employee of the City of Oakland Park in whom is vested the authority by law, rule or regulation, or to whom the authority has been delegated, to appoint, employ, promote or advance individuals or to recommend individuals for appointment, employment, promotion or advancement in connection with employment by the city.

    (3)

    Relative: Any individual related to a city official or employee of the City of Oakland Park as listed below:

    Father

    Mother

    Son

    Daughter

    Sister

    Brother

    Uncle

    Husband

    Wife

    Father-in-law

    Mother-in-law

    Son-in-law

    Daughter-in-law

    Brother-in-law

    Aunt

    Nephew

    Niece

    First cousin

    Half-brother

    Half-sister

    Sister-in-law

    Stepfather

    Stepmother

    Stepson

    Stepdaughter

    Stepsister

    Stepbrother

    (4)

    Cohabitation: Two (2) or more persons living together in a communal fashion sharing the same place of residence.

    (5)

    Cohabitant: One who engages in cohabitation with a city official or employee of the city.

    (b)

    An appointing authority may not appoint, employ, promote or advance or advocate for appointment, employment, promotion or advancement in or to a position in a department or agency of the city in which such appointing authority is serving or over which such appointing authority exercises jurisdiction or control [over] any individual who is a relative or cohabitant of the appointing authority. An individual may not be appointed, employed, promoted or advanced in or to a position in a department or agency of the city if such appointment, employment, promotion or advancement has been advocated by an appointing authority serving in or exercising jurisdiction or control over the department or agency, who is a relative or cohabitant of the individual.

    (c)

    Mere approval of budgets shall not be sufficient to constitute "jurisdiction or control" for the purposes of this section.

    (d)

    Except as provided herein, an individual appointed, employed, promoted or advanced in violation of this section is not entitled to pay, and money may not be paid to an individual so appointed, employed, promoted or advanced.

    (e)

    After the effective date of this section, no employee who is related to or cohabits with another city employee within any degree of relationship as set forth in section 2-11(a)(3)—(5), shall be transferred into the department in which the related or cohabiting employee is assigned or in which he or she holds an appointive position.

    (f)

    The City of Oakland Park may prescribe, in its personnel rules, regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.

(Ord. No. O-86-11, § 1, 4-2-86)

Editor's note

For purposes of classification, § 2-170, as enacted by Ord. No. O-86-11, § 1, adopted April 2, 1986, has been redesignated as 2-11 herein, at the discretion of the editor.

Cross reference

Civil service rules and regulations, § 2-81 et seq.