Board Policy GACCA: Nepotism Guidance
Administrative Guidance
The purpose of Policy GACCA is to establish consistent employment guidelines and to prevent situations where an individual may have, or be perceived to have, unfair influence over the career development, work assignments, direction, performance reviews, or compensation of a family member, someone in close relationship with and/ or living with an employee.
No employee shall directly supervise or be responsible for any portion of the evaluation of the employee’s father, mother, brother, sister, spouse, son, daughter, step-son, step-daughter, son-in-law, or daughter-in-law or an individual residing with the employee.
Requirement to Report
Employees shall promptly report any close or familial relationship that could pose a violation to Policy GACCA directly to their building principal, department supervisor, and to the Director of Human Resources, or to the Superintendent.
Employees who become related during the course of their employment will be treated in accordance with this policy. Employees are obligated to report this relationship as soon as possible, but no later than 30 days from the date they become related.
Employees shall also report any potential employment or contracting of a related individual to their immediate supervisor, the Director of Human Resources or to the Superintendent, prior to proceeding with any employment or contracting of a related individual.
Note: Supervising relationship, as defined in Policy GACCA, includes a supervisor and supervisee being employed within the same school, department or division of the District. Adjusting evaluation assignments and line of direct report are not sufficient to resolve a violation of Policy GACCA.
Response
In the event a situation occurs whereby a supervisory employee is or would be placed in the position of supervising a relative, person in a close personal relationship or household resident, in accordance with applicable work rules, one of the following shall occur to correct the situation:
- The supervisor or supervisee shall be transferred to a position in a different supervisory group; or
- The supervisor or supervisee shall offer resignation; or
- Where a transfer cannot be implemented as a result of contractual and/or statutory requirements and a resignation is not received from the supervisor or supervisee, the Superintendent and Board of Education shall evaluate the circumstances and determine the appropriate action that may include termination.
Failure to notify of a close relationship among supervisor and supervisee constitutes a violation of Board Policy, employee guidelines and expectations, and result in appropriate employee disciplinary action up to and including termination.
Questions regarding the appropriate implementation of Policy GACCA should be directed to the Executive Director of Human Resources.
Background Notes, Samples and Sources
For the protection of both the supervisor and supervisee, the relationship should be reported to the Building Principal and District Human Resources Office.
Reporting
a. The District shall create an Administrative Directive to outline a process for reporting and tracking any real or perceived conflicts of interest related to nepotism, as well as the agreed upon mitigation strategies for managing such conflicts.
b. Employees shall report any potential employment or contracting of a related individual to their immediate supervisor and via the process identified in the Administrative Directive, prior to proceeding with any employment or contracting of a related individual. The supervisor shall determine whether a conflict exists, and if so, provide a recommendation to mitigate the conflict to Human Resources.
c. The Chief of Human Resources, or their designee, will review the report and supervisor’s mitigation recommendation.
d. The Chief of Human Resources shall report any potential employment or contracting of an individual related to the Chief of Human Resources to the Superintendent.
e. The Superintendent shall report any potential employment or contracting of an individual related to the Superintendent to Board leadership.
f. The record of the report, including the date of the report and the mitigation of any conflict, will be maintained by the HR department. Records will be reviewed annually by the Chief of Human Resources and the Superintendent.
VII. Addressing existing or developing conflicts:
a. Employees who become related during the course of their employment will be treated in accordance with this policy. Employees are obligated to report this relationship as soon as possible but no later than 30 days from the date they become related.
b. Employees already employed by PPS and who are related will be treated in accordance with the policy requirements for disclosure and mitigation of any conflict. Employees are obligated to report this relationship as soon as possible but no later than 30 days from the date this policy is adopted.
For the protection of both the supervisor and supervisee, the relationship should be reported to the Building Principal and District Human Resources Office.
In the event a situation exists or occurs whereby a supervisory employee is or would be placed in the position of supervising such other relative, person in a close personal relationship or household resident, in accordance with applicable work rules one of the following shall occur:
4. The supervisee shall be supervised by another employee designated by the Superintendent who has higher supervisory authority than the supervisor, including but not limited to conducting observations/evaluations, preparing schedules, assigning overtime or any other financial or other employment advantage; or
5. The supervisor or supervisee shall be transferred to a position in a different supervisory group; or
6. Where a transfer cannot be implemented as a result of contractual and/or statutory requirements, the Superintendent and Board of Education shall take those actions necessary, including the commencement of due process administrative proceedings, if applicable, to enforce the provisions of this policy.
Guidelines:
A Seattle Public School employee may not hire, supervise, promote, transfer, discipline, or evaluate a family member. Family members may be concurrently employed by the District so long as the assignment of a family member does not create a supervisory/subordinate role. Supervisors who hire, supervise, promote, transfer, discipline, or evaluate staff may not have a sexual relationship or engage in dating activities with a subordinate.
To correct an existing situation that is in conflict with these guidelines, an employee or the supervisor must be transferred as soon as feasible to an available opening of a comparable level for which the employee/supervisor qualifies. The Labor Relations Director or designee will work with the appropriate bargaining unit representative and within any governing collective bargaining agreement when represented positions are affected to bring any transfer into conformity with this guideline.
When a conflict that violates these guidelines exists, it is the responsibility of the supervisor to immediately notify their supervisor or the Assistant Superintendent for Human Resources. This Anti-Nepotism policy shall be subject to all anti-discrimination requirements applicable to an individual and to Seattle Public Schools.
A. Nepotism
- No one with supervisory responsibility shall hire or recommend for hire any “relative” as defined in Utah Code 52-3-1: “father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousins, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law. Furthermore, and in addition to Utah Code, corresponding step or adoptive relative, or anyone residing on a permanent basis in an employee’s home will also be considered a “relative.”
- No employee shall be directly supervised or evaluated by a relative. Family members as described in D.1 may not be employed under the same immediate supervisor, defined as the authorized evaluator for the employee, without Cabinet approval and Board notification.
- Employees hired prior to adoption of this policy are exempt from this policy except when the proximity of relatives is found to be creating problems.
- The hiring of relatives is also prohibited if it results in a conflict of interest with vendors of the District.
- In the event of a lack of candidates, a need for specialized skills or unique circumstances, the restriction against hiring relatives may be waived in the best interest of the District upon recommendation of a review committee comprised of the Superintendent and appropriate administrator or director, and upon approval of the Board.
The purpose of this policy is to establish consistent employment guidelines and to prevent situations where an individual may have, or be perceived to have, unfair influence over the career development, work assignments or work direction, performance reviews, or compensation of a family member or business partner who is also employed by the district.