Personnel Practices: Nepotism Policies - IPMA-HR
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International Public Management Association for Human
Resources
HR-CENTER
November 2005
Personnel Practices:
Nepotism Policies
International Public Management Association
for Human Resources
1617 Duke Street
Alexandria, VA 22314
(703)-549-7100
http://www.ipma-hr.org
1NEPOTISM POLICIES
Table of Contents
I. Nepotism Overview…………………………………..3
II. Tips on Writing Policies…………………………...…5
III. Sample Policies
A. Arlington County, VA………………………………..…..7
B. Arlington Public Schools, VA………..………………...…8
C. State of Arizona…………………………………………..8
D. City of Ballwin, MO……………………………………...8
E. City of Carrollton, GA…………………………………....9
F. State Colorado, CO…………………………………...…..9
G. Contra Costa Water District, CA……………………….10
H. State of Idaho…………………………..………………..11
I. City of Jackson, OH…………………………………….11
J. City of Malibu, CA……………………………...………11
K. State of Missouri………………………………………..12
L. City of Orlando, FL……………………………………..12
M. Placer County, CA………………………………………13
N. City of Waterloo, IA…………………………….………13
O. City of Ypsilanti, MI…...………………………………..15
As you develop your own plans and policies, please email information to gov@ipma-
hr.org.
IPMA-HR
HR Center
1617 Duke Street
Alexandria, VA 22314
(703)-549-7100
2Nepotism Overview
Written by Ryan Lowry, Association Services Assistant
Work relationships and cooperation levels among co-workers is very important for work
place continuity. If there is conflict and favoritism among the ranks, then production will
ultimately suffer, which negatively affects everyone. Can family relatives work in the
same office together without strife or conflict? Can a supervisor supervise a relative
without being bias? The majority of agencies would answer ‘no’ to these questions and
implement nepotism policies to prevent these situations from occurring. Nepotism is
defined as favoritism shown or patronage granted to relatives.1 These policies are put in
place to ensure that relatives do not work closely together or supervise one another.
The definition of a relative varies from agency to agency. For example, University of
Alabama defines a relative as a spouse, child, parent, sibling, grandparent, grandchild,
aunt, uncle, first cousin, corresponding in-law, "step" relation or any member of the
employee's household.2 In comparison, other municipalities may not include in-laws or
just include spouses and children. It is important that the term relative is clearly defined
and known by employees. Once the criterion for the term relative is established, the
policy must apply to all workers, from supervisors to entry-level positions.
Nepotism policies are put in place to help ensure a smooth work place environment.
Relatives who work closely together may bring family problems into the work place,
which may lead to office disruption. One relative my have access to confidential medical
or financial records and may feel prone to sharing that information with a relative whom
they work. This would not only be against work policy but also against the law. If a
supervisor supervises a relative, this could create even bigger problems. That worker
may be disciplined differently than other workers, or informed of company downsizing or
financial plans before it becomes public knowledge.3 Both these instances would create a
huge uproar among other employees, which would negatively affect agency production
and office morale.
What about married couples? Although spouses are usually included in the relative
criterion, agencies usually make exceptions in most cases. For example, if two
individuals marry while working together, one of the two may be transferred to another
department. This minimizes their interaction but still enables the company to retain both
individuals. Why would this exception be made? Nepotism policies should not promote
marital discrimination. If men are mostly supervisors, then it is their wives that will be
denied jobs within that agency. This leads to a potential gender discrimination cases.4
1
Sample Nepotism Policies. “Municipal Research & Services Center of Washington”.
26 October 2005, http://www.mrsc.org/subjects/personnel/nepot.aspx.
2
Human Resource Policy Manual. “The University of Alabama”. 27 October 2005
http://hr.ua.edu/empl_rel/policy-manual/nepotism.htm.
3
Bureau of National Affairs, Inc. (BNA, Inc), Human Resources Library, October 2005.
4
Bureau of National Affairs, Inc. (BNA, Inc), Human Resources Library, October 2005.
3Also, if you keep both husband and wife, you retain two workers for the price of one and
you do not lose two workers. However, no two individuals who are married are allowed
to supervise one another. When imposing nepotism policies it is very important that the
policy is in compliance with state laws and federal regulations so the policy does not
discriminate against any particular person. Also an explanation should be included in the
policy as to why it is being implemented in the particular agency, how it is going to help
maintain a good work environment. Once adopted, employers should make the policy
known to all employees.
Is a nepotism policy necessary for every company or agency? The answer is no. In some
places where the populations are small, family members may have to work together.
Having relatives working together may foster a family atmosphere at work, which sparks
loyalty, short learning curve, better performance, and lower turnover.5 Some small
market companies who are family owed would obviously not need a nepotism policy.
These businesses rely heavily on family members to carry on the family tradition and
may not want to hire outside of the family. Therefore a nepotism policy would only
hinder their production. However, if your agency is in need of a nepotism policy please
see the following policies for guidance.
5
Molofsky, Ivy. “A Plug for Nepotism”. Solutions, April 1998.
4Tips on Writing Policies
If you decide to develop an anti-nepotism policy, you should consider the following:
Communicate your policy to all employees. If you pursue a policy, it should not be
limited to certain types of employees or you may face discriminatory claims. Instead,
devise a fair policy to cover all employees, regardless of their exempt or management
status. Notify all staff about the policy via employee handbooks, notices, etc.
Limit the scope. Children and spouses are typically the closest relationships and those
that can potentially cause work-related problems. If you broaden your policy to cover any
relative, including cousins, nieces and nephews, you may minimize the policy's validity
by not addressing the root of nepotism difficulties. To justify the policy as a "business
need", write the policy so it covers employees who would exert some type of authority
over their relative in the workplace. If you create a more broad policy banning any
relatives from working within the same organization, your reasoning could be challenged.
Especially in large governments, relatives who work in separate departments or work
different shifts will not typically disrupt the office; so the need for a unilateral "no
spouse" rule would be unnecessary and less defensible. A policy could prohibit an
employee from directly supervising a relative. You may be particularly careful about
personnel in the human resources or accounting departments who may have some degree
of control over their relatives' performance evaluations or work-related financial
expenditures. Avoid discrimination or disparate impact. An anti-nepotism policy could
negatively affect the demographics of your workforce and lead to discrimination claims.
If a very high percentage of an organization's employees are white and the employer
promotes a nepotism policy, minorities may be at a hiring disadvantage. Or if a
workforce is predominantly male (especially in supervisory positions), a "no spouse" or
"no relative" rule may discriminate against women. Likewise, anti-nepotism policies
designed to prevent hiring or promoting relatives can be challenged as discriminatory on
the basis of sex or marital status. Again - if the policy is applied fairly in all situations,
without giving one-sex unfair privileges, nepotism practices are legitimate.
Idaho, for example, allows nepotism policies unless they impact only one sex; for
example, hiring husbands of female employees, but not wives of male employees.
Document business needs for the policy. If your agency prohibits hiring or promoting
employees' relatives, you need specific reasons to support the policy. These reasons could
include: to avoid a conflict of interest, to improve productivity or to avert a dangerous
work condition. You could track problems with spouses using the same sick leave or
vacation time or document any disruptive effects of marital or other personal conflicts
at work. Avoid asking applicants whether they have relatives working for your
organization. This question is not job specific, nor does it weigh in determining whether
the candidate has the necessary skills for the job. In addition, as previously mentioned,
this question could result in adverse impact for women and minorities.
Information about friends or relatives already working for an employer is not relevant to
an applicant's competence, EEOC says in its Guide to Pre-Employment Inquiries.
Requesting such information may be unlawful if it indicates a preference for friends or
relatives of present employees and the current workforce is such that this preference
would reduce or eliminate opportunities for women or minorities. However, a
"nepotism" policy which prohibits or limits employment opportunity of a spouse or other
relative may also be illegal if it has an adverse impact on job opportunities for either
5women or men as a group. Develop standard procedures to work with employees who
may face anti-nepotism violations. Your nepotism
policy does not only affect new hires; it can also impact existing employees. If you have
fair, consistent practices for dealing with these situations, you can dodge obstacles in
supervision, security and maintain a healthy organizational culture. Often agencies face
morale problems when a current employee marries a fellow worker. "For example, a "no
spouse" rule that requires the transfer of a partner to another department is preferable to a
rule requiring relocation to another facility, while one requiring relocation is viewed as
more reasonable than a policy requiring resignation or dismissal. Termination may be
acceptable, however, where one employee would be supervising a relative and the non-
supervisory employee cannot be placed in any other work unit. Experts caution that
where termination or resignation is required, a couple should have the
choice of determining which partner will leave; alternatively, seniority could be the basis
for the decision. In any case, subjective measures should not be used to decide which
worker is to be moved or terminated," according to the Bureau of National Affairs'
(BNA) Human Resources Library on CD.
Conclusion
If you're considering an anti-nepotism policy in your agency, you should first do some
research into the issue. Examine your existing policies and any grievances or pros/cons
resulting from your policy. Look at past experiences with families working together and
consider how you would implement a policy. Finally, consult legal counsel, reviewing
laws and past court cases in your state.
6Arlington County
2100 Clarendon Blvd. #511
Arlington, VA 22201
Phone: (703) 358-3454
Fax: (703) 358-3265
January 15, 1993
Offer or accept any money or other thing of value for or in consideration of the use of their public position to
obtain a contract for any person or business with any governmental or advisory agency.
NEPOTISM PROHIBITED
Notwithstanding any other provision of the Act, it shall be unlawful for the School Board to employ or pay
any teacher or other Board employee from federal, state or local public funds, or for the Superintendent to
recommend to the Board the employment of any teacher or other employee, ff the teacher or other
employee is the father, mother, brother, sister, spouse, son, daughter, son-in-law, daughter-in-law, sister-in-
law
or brother-in-law of the Superintendent, or of any member of the Board.
This section shall apply to any person employed by the Board in the operation of the public school system,
adult education programs, or any other program maintained and operated by the Board.
This section shall not apply to any person identified above who has been employed by the Board (I)
regularly or (ii) as a substitute teacher or other part- time employee prior to the taking of office of any related
member of the Board or Superintendent or prior to the inception of such relationship. Additionally, individuals
described above, employed as a substitute teacher or in other part-time capacities, may not be employed to
any greater extent than they were in the last full school year prior to the taking of office of the Board member
or Superintendent or to the inception of such relationship.
If any member of the Board or the Superintendent knowingly violates these provisions, they shall be held
personally liable to refund to the local treasury any amounts required to be paid in violation of this law, and
the funds shall be recovered from the individual by action or suit in the name of the Commonwealth of
Virginia on the petition of the attorney for the Commonwealth.
Recovered funds shall be paid into the local treasury for the use of the public schools.
ASD 35-3,01 July I, 1994
E. Employment of Spouses and Relatives of Employees
Members of an employee's immediate family may be employed by the school system under the following
conditions:
a. The employee does not participate in the decision to hire the employee's immediate family member; the
employee exercises no control or supervision over the employment or the employment activities of his or her
immediate family member; and the employee is not in a position to influence or supervise the employment
activities of his or her immediate family member.
For purposes of this section, an employee's "immediate family" includes a spouse, mother, father, foster
parents, stepmother, stepfather, grandparents, children, grandchildren, son-in-law, daughter-in-law, brother,
sister, mother-in- law, father-in-law, brother-in-law, sister-in-law, and other relatives if members of the
immediate household, or of immediate concern to the employee.
When it comes to the attention of the personnel office that a member of an employee's immediate family is
applying for a position in the employee's school, office or department, and the above conditions are not
satisfied, the family member will be ineligible for consideration for the vacant position. This will not preclude
the employee's immediate family member from applying for other positions with the Arlington Public Schools
as long as the conditions in section IV-E, 1, above are satisfied.
If you have any questions, contact the HR Center at (703) 549-7100.
7Arlington Public Schools
2244 North Nottingham St
Arlington, VA 22205-3346
Phone: (703) 358-6104
Fax: (703) 358-6188
Two nepotism policies:
"The first (ASD 10-5.02) contains the prohibitions contained in the Virginia Code on the employment of
relatives of School Board members or the Superintendent. The second policy covers all other employees of
the school system and is part of the recruitment and selection policy. To avoid conflict of interest situations,
we will not consider for employment a member of an employee's immediate family if: The employee will
participate in the decision to hire the immediate family member; or The employee will exercise central or
supervision over the employment or the employment activities of the family member; or The employee will
be in a position to influence or supervise the employment activities of the family member.
When this policy first went into effect in 1989, we did have some situations of administrators (principals or
assistant principals) who were married to staff members in their buildings and of head custodians who
supervised members of their immediate families. In all of these cases, the family members were transferred
to positions in other buildings."
State of Arizona
85 Arizona: State Employees Administrative Rules
R2-5-207. Employment of Relatives
A. Relationship to Supervisor. An individual shall not be appointed or promoted to a position if the immediate
supervisor of the individual is related within the third degree of affinity (marriage) or consanguinity (blood).
B. Relationship to Other Employees. An individual shall not be appointed or promoted to a position if an
employee related within the third degree of affinity or consanguinity currently occupies a position under the
same immediate supervisor.
C. Exceptions. The Director may grant exceptions to the prohibitions in Subsections A and B above if there
are no qualified candidates for the position at the location.
D. Definition. For the purpose of this Rule, persons related within the third degree shall include a spouse,
child, and a parent, grandchild, grandparent, sister, brother, great grandchild, great grandparent, aunt, uncle,
niece, or nephew who are related to the employee by marriage or blood.
If you have any questions, contact the HR Center at (703) 549-7100.
City of Ballwin
14811 Manchester Rd
Ballwin, MO 63011-4617
Phone: (314) 227-8580
Fax: (314) 227-2259
Nepotism: Under no circumstances shall one member of an immediate family be permitted to directly
supervise another member of the immediate family. Immediate family is defined as spouse, child, stepchild,
son or daughter-in-law, grandchildren, grandparents, parent or father/mother-in-law.
Calvert County Government
175 Main Street
Prince Frederick, MD 20678
Phone: (410) 535-1600
Fax: (410) 535-1787
Revised: July 12, 1996
Subtitle 7. EMPLOYMENT OF RELATIVES
Section 2-701. Statement of Policy
It is the policy of the County to prevent family relationships from influencing employment, job assignment,
promotion, performance evaluation, and other personnel actions, to make County employment available to
as many different families as possible in view of the public service nature of government, and to prevent
problems which inherently arise from the employment of relatives.
For purposes of this Subtitle, relatives are defined as follows:
Employee's spouse, parent, child, grandparent, grandchild, brother, or sister. Step relationships and legal
adoptions are included in the above definitions.
Sec. 2-702. Hiring of New Personnel
8Individuals employed on or after October 1, 1989, will not be hired for or later moved to positions where one
relative may impact upon the supervision or advancement of the other.
Sec. 2-703. Effect on Current Employees and Future Assignments
Except as noted below, individuals employed prior to October 1, 1989, will not be affected by this policy for
purposes of transfer, promotion, or demotion. If, however, these individuals have relatives who wish to work
for the County on or after October 1, 1989, those relatives must comply with the policy on hiring of new
personnel stated above.
Sec. 2-704. Marriage
The marriage of two employees must be reported in writing to the affected Department Head(s) and Director
of Human Resources within 30 days of the date of marriage. If both of the individuals were employed prior to
October 1, 1989, no further action is necessary. If one or both of the individuals was employed on or after
October 1, 1989, and if the employees work in the same department, the Department Head and Director of
Human Resources shall determine if the relationship may result in an employee influencing the supervision
or advancement of a relative, or and employee inhibiting or interfering with a relative's effective performance.
If so, the couple has the option of deciding if one will voluntarily transfer to another division or department or
resign. Transfers are subject to availability of positions and Department Head and Director of Human
Resource's approval. If neither employee voluntarily transfers or resigns, the Department Head and Director
of Human Resources may transfer or dismiss one of the employees. A finding of impact upon the
supervision or advancement of a relative as a result of marriage may be appealed through the normal
grievance process.
Sec. 2-705. Return to County Service
Employees who leave County service and later return are considered new employees and must comply with
this Subtitle.
Jane Carroll
City of Carrollton
PO Box 1949
Carrollton, GA 30117
Phone: (770) 830-2000
Fax: (770) 830-2026
Revised July 15, 1996
EMPLOYMENT OF RELATIVES
Policy: The city intends to specifically avoid the potential of one family member supervising another and the
potential of family members working in the same department.
Application: All full time employees
Provisions:
A. Relat ives will not be employed by the City where s uch employment would result in an employee
supervising a member of his/her immediate family (as defined herein), or where such employment would
result in employee' s occupying a position which has direct influence over a member of his/ her immediate
family in matters of employment, promotions, pay, benefits, or other related matters where the employee
could be subjected to charges of improperly favoring or disfavoring the member of his/her immediate family.
Employees must disclose to the City all family relationships of potential applicants. Failure to do so is
grounds for termination.
B. If a condition prohibited by "A" above predates this policy, the City will nor require a job change on the
part of the affected employees, but will seek to make an appropriate job change when opportunity permits.
C. Upon adoption of these policies, if by reason of marriage City employees become in violation of the
provisions of this policy, one or the other must accept a job reassignment of equal pay, if available, or must
elect to resign within sixty (60) days of said marriage.
State of Colorado
Dept of Personnel
131 Shermen, Rm 122
Denver, CO 80203
Phone: (303) 866-2321
Fax: (303) 866-2021
80 Colorado: Sex Discrimination Rules
Following is the text of Sex Discrimination Rules (Guidelines) adopted by the Colorado Civil Rights
9Commission. These guidelines provide standards for employers, unions, and employment agencies to
determine whether their policies conform with the basic purpose of elimination of sex discrimination in
employment. The rules are codified at 3 CCR 708-1, Rules 80.1-80.11, and read as amended effective
January 21, 1994.
SEX BIAS RULES
Rule 80.4. Discrimination Against Married Women (Editors Note: The State of Kansas has a nearly identical
rule.)
(A) The commission has determined that an employer's rule which forbids or restricts the employment of
married women and which is not applicable to married men is a discrimination based on sex prohibited by
Colorado Anti-Discrimination Act, as re-enacted. It does not seem to us relevant that the rule is not directed
against all females, but only against married females, for so long as sex is a factor in the application of the
rule, such application involves a discrimination based on sex. This rule also applies to unmarried women
who happen to be mothers, for example; in many instances, women who have small children in the home
are denied employment. Such discrimination usually takes place at the initial employer's screening process
through the asking of such questions as "How old are your children? How many children do you have? What
are your plans for providing care for your children?, etc."
(B) An employed woman should not have her employment terminated when she marries a man who works
for the same business or institution by which she is employed. At the same time, a woman should not be
denied employment by an employer due to rules against nepotism if she is otherwise qualified to perform the
required work.
Contra Costa Water District
PO Box H20
1331 Concord Avenue
Concord, CA 94524
Phone: (510) 688-8116
Fax: (510) 688-8197
Effective Date: 11-7: Issued: 8/20/90
CONTRA COSTA WATER DISTRICT
ADMINISTRATIVE PROCEDURE
PURPOSE
The purpose of this policy is to describe District employment limitations on the basis of an immediate family
relationship.
POLICY
It is the policy of the District to:
Not place an employee in a circumstance where they are required to assign, evaluate and supervise the
work of a member of their immediate family. Immediate family is defined as spouse, mother, father, son,
daughter, brother, sister, in-laws and grandparents.
Not employ spouses in the same department, facility, or office for reasons of supervision, safety, security or
morale.
Take all reasonable and necessary steps to undo either of the above type circumstances which may exist at
the time this procedure is adopted or which may subsequently be created by marriage amongst employees.
PROCEDURE Department cognizance decisions, heads and other hiring managers shall take of the above
restrictions in all their hiring whether from within or outside the District.
The Personnel Department shall be consulted on a case by case basis for advice on how to adhere to this
procedure when the circumstance dictates.
When a prohibited circumstance is identified involving existing employees, the District will notify the affected
individuals and explore all available options for resolving the matter in the least disruptive manner possible,
taking into account the preferences of the employees. Where necessary, involuntary non-disciplinary
reassignment, transfer, demotion, or other action, shall be considered.
RESPONSIBILITY It is the responsibility of department heads to enforce these employment restrictions in
their individual departments and seek the advice of the Personnel Department on this topic.
It is the responsibility of the Personnel Department to advise department heads on how best to enforce this
procedure and to facilitate the resolution of prohibited employments in the least disruptive manner possible.
10State of Idaho Nepotism: Public Employees
(1) No public servant shall:...
(e) Appoint or vote for the appointment of any person related to him by blood or marriage within the second
degree, to any clerkship, office, position, employment or duty, when the salary, wages, pay or compensation
of such appointee is to be paid out of public funds or fees of office, or appoint or furnish employment to any
person whose salary, wages, pay or compensation is to be paid out of public funds or fees of office, and who
is related by either blood or marriage within the second degree to any other public servant when such
appointment is made on the agreement or promise of such other public servant or any other public servant
to appoint or furnish employment to anyone so related to the public servant making or voting for such
appointment. Any public servant who pays out of any public funds under his control or who draws or
authorizes the drawing of any warrant or authority for the payment out of any public fund of the salary,
wages, pay, or compensation of any such ineligible person, knowing him to be ineligible, is guilty of a
misdemeanor and shall be punished as provided in this chapter.
(2) No person related to any member of the legislature by blood or marriage within the second degree shall
be appointed to any clerkship, office, position, employment or duty within the legislative branch of
government or otherwise be employed by the legislative branch of government when the salary, wages, pay
or compensation of such appointee or employee is to be paid out of public funds.
(3) No person related to a mayor or member of a city council by blood or marriage within the second degree
shall be appointed to any clerkship, office, position, employment or duty with the mayor's or city council's city
when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public
funds.
(4) No person related to a county commissioner by blood or marriage within the second degree shall be
appointed to any clerkship, office, position, employment or duty with the commissioner's county when the
salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.
(5) The prohibitions contained within this section shall not include conduct defined by the provisions of
section 59 703(4), Idaho Code.
(6) The prohibitions within this section and section 18 1356, Idaho Code, as it applies to part-time public
servants, does not include those actions or conduct involving the public servant's business, profession or
occupation and unrelated to the public servant's official conduct, and does not apply to a pecuniary benefit
received in the normal course of a legislator's business, profession or occupation and unrelated to any bill,
legislation, proceeding or official transaction. (Sec. 18 1359(1)(e) to (6), as amended by Ch. 305, L. 1991)
City of Jackson
145 Broadway St
Jackson, OH 45640-1656
Phone: (614) 286-2201
Fax: (614) 286-3492
SECTION 2.11: NEPOTISM.
Section 147.1
The City attempts to control the placement and the employment of relatives and members of the same
household within the City in order to prevent:
Situations that might result in unfair preferential treatment of other employees and/or the public;
Professional decisions that might be disadvantageous for the operations of the City;
An employee being in a position to supervise or control a member of his/her family; and
An employee having access to the personnel file and/or personnel action forms of a family member.
It is the policy of the City that any person who is the child, brother, sister, spouse or parent of any
officeholder or any Department Head shall be ineligible for full-time, year-around employment with the City.
In situations where special licenses or skills are required, this paragraph shall not be applicable.
The City may employ relatives of employees in summer, casual and intermittent positions.
City of Malibu
23555 Civic Center Way
Malibu, CA 90265
Phone: (310) 456-2489 x 222
Fax: (310) 456-3356
Sec.20.6. NEPOTISM
A. It is the policy if the City that employment of a member of an employee's, or an appointed official's
11immediate family is prohibited if a direct supervisory relationship exists, or where actual or potential
problems of supervision, safety, security or morale or potential conflicts of interest exist.
B. If two employees marry or become related, and the actual or potential problems noted in subsection A.
above exist, only one of the employees will be permitted to remain employed unless reasonable
accommodations can be made to eliminate the actual or potential problems. The decision as to which
immediate family member will remain with the City must be made by the two employees within thirty (30)
days. If no decision has been made during this time, both employees may be terminated
State of Missouri
Office of Admin
PO Box 388
Jefferson City, MO 65102
Phone: (314) 751-3053
Fax: (314) 751-8641
Article VII PUBLIC OFFICERS Section 6
PENALTY FOR NEPOTISM
Section 6. Any public officer or employee in this state who by virtue of his office or employment names or
appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity,
shall thereby forfeit his office or employment.
Source: Const. of 1875, Art. XIV, . 13 (as adopted Feb. 26, 1924).
(1964) Acts of officer will not be declared invalid until question of forfeiture has been judicially determined.
State v. King (Mo.), 379 S.W.2d 522.
(1967) A county court judge is a "public officer" within the meaning of this section of the constitution. State v.
Fletchell (Mo.), 412 S.W.2d 423.
(1976) When the sheriff appointed his wife's uncle as deputy sheriff in violation of the constitutional provision
which is self-enforcing, he forfeited his office and quo warranto was an appropriate remedy to enforce the
resulting forfeiture. State ex Inf. Roberts v. Buckley (Mo.), 533 S.W.2d 551.
(1994) Although other county commissioners cast sufficient number of votes to assure appointment, when
presiding commissioner of county participated in appointment process by voting for the appointment of
presiding commissioner's sister-in- law as trustee of county board (a nonpaying position), appointment
violated anti-nepotism provision of constitution. State ex inf. Attorney General v. Shull, 887 S.W.2d 397 (Mo.
en banc).
City Orlando
Leland Brown, SPHR, IPMA-CP
Division Manager
Human Resources Division
City of Orlando, Florida
(407) 246-2057
Our "Prevention of Conflicts of Interests" states: "No employee shall
engage in intimate dating or sexual activity with another employee in
his/her direct chain of command provided, however, for couples legally
married pursuant to Florida law, this prohibition will not apply unless
one of the individuals is the rater or reviewer of the other. (Rater is
the direct Supervisor and the "Reviewer" is the next step up) Violation is
considered a major offense and shall subject both employees to
disciplinary action up to and including termination. Should two employees
wish to engage in a prohibited relationship, one of the employees must
transfer or resign."
Our "Employment or Placement of Relatives" policy states: "Should two
employees working for the City of Orlando become related by marriage, or
begin to cohabit, both shall complete a Statement of Relationship Form for
evaluation by the Department Directors, Division Managers and/or Office
Directors. If there is a violation of the provisions outlined in
paragraphs B2 or B3 of this policy, one employee must resign or, if
convenient to the City, be transferred to another position within thirty
days. If one of the two employees does not resign or transfer within
thirty days, and the violation continues, one or both employees may be
12terminated. (See State Statute 112.3135, Restriction of Employment of
Relatives).
Placer County
175 Fulweiler Avenue
Auburn, CA 95603
Phone: (916) 889-4060
Fax: (916) 889-4108
Revised 5/29/92
SEC. 14.72
CHAPTER 14:
PERSONNEL
NEPOTISM
It is the policy of the County to regulate, restrict or prohibit the employment of relatives when it may have a
detrimental effect on supervision and morale, and is necessary for proper and efficient operation and
delivery of County services.
(a) No relative of an elected or appointed County Official or employee may serve in or be appointed,
promoted, demoted or transferred to a position which involves a direct supervisor-subordinate relationship.
For purposes of th is rule, the department head, and the assistant department head or chief deputy or
deputy department head are considered in the direct line of supervision of all employees in that department.
(1) Direct line of supervision, as defined for purposes of this rule, includes any situation in which the official
or employee would be in a position to effect the terms and condition of another's employment, including
making decisions about work assignments, compensation, grievances, advancement or performance
evaluation.
(2) A relative is defined as spouse, mother, father, brother, sister, grandparents, mother-in-law, father-in-law,
brother-in-law, sister-in-law, son-in-law, daughter-in-law of the employee or spouse, children of the
employee or spouse's children, employee's grandchildren, or any other person whose relationship to the
employee is that of a dependant.
(b) Employees who become relatives, after the effective date of this rule and work in a direct
supervisorsubordinate
relationship shall also be subject to this rule.
(1) In applying this paragraph the County will initially allow the affected employees to determine which
employee will remain in his or her current position. If the affected employees have no preference, the
Personnel Director, with permission of the Civil Service Commission, shall determine which of the
employees will remain in his or her current position, giving consideration to the work history and seniority of
the employees affected.
(2) As to the other employee, the Personnel Director will attempt to make a mutually acceptable transfer to a
similar position in another department. If a mutually acceptable transfer cannot be made, that employee
shall be subject to layoff as defined in Sections 14.2100 - 14.2115.
The Civil Service Commission may waive this rule with an acceptable showing of unusual or exceptional
circumstances when this rule would otherwise prohibit the promotion, transfer, or demotion of a permanent
employee. To be considered by the Civil Service Commission, such action must be initiated by the
appointing authority or the employee and recommended by the appointing authority. The foregoing waiver
process must be completed prior to certification from an eligible list, approval of transfer or approval of a
voluntary demotion of an employee into a situation that would cause nepotism, as defined by this rule.
(d) An exception to this Nepotism rule shall be in the case of a voluntary transfer or demotion due to a layoff.
However, every effort should be made to avoid creating supervisor-subordinate relationship as a result of
the transfer or demotion.
(e) No supervisor-subordinate relationship between relatives shall be permitted to be created from and after
May 11, 1992, except as provided for in paragraphs (c)_and (d) above. All such relationships existing prior
to May 11, 1992} sha ll not be the cause for transfer, demotion or termination of any employee. (Ord. 4420)
City of Waterloo
Cheryl Huddleston
Human Resources Manager
City of Waterloo
13620 Mulberry St
Waterloo IA 50703
319-291-4522 #3375
This policy applies to hiring and employment decisions (transfers,
promotions, demotions, or reassignments) affecting all City of Waterloo
employees, including regular full-time and part-time employees and
temporary employees, and all applicants for employment with the City of Waterloo.
Policy:
It is the policy of the City of Waterloo to seek and employ the
best-qualified applicants to all positions and to not discriminate in
its employment and personnel actions with respect to its employees and
applicants on the basis of marital or familial status.
It is also the City of Waterloo's policy to develop employment practices
that create and maintain constructive working relationships and which
also protect the individual and the City of Waterloo by establishing
certain safeguards against conflicts of interest, whether real or
perceived. To this end, anti-nepotism rules effectuate rational
workplace goals: avoiding conflicts of interest between work-related
and family-related obligations; reducing favoritism or even the
appearance of favoritism; and preventing family conflicts from affecting
the workplace.
The City of Waterloo therefore retains the right to refuse to appoint a
person to a position in the same department wherein his/her immediate
family relationship to another employee has the potential to create a
conflict of interest or to adversely affect supervision, security, or
morale. The Department Head, after consulting with the Human Resources
Director, shall have authority and responsibility for determining if
such a potential conflict of interest exists or does not exist.
This policy applies to an employee's "immediate family" which is defined
to include the employee's spouse, domestic partner, parent, step-parent,
grandparent, child, step-child, grandchild, sibling, half-sibling,
step-sibling, aunt, uncle, niece, nephew, foster parent, foster child,
first cousin, parent-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, spouse's grandparent, a person for whom
the employee has been assigned legal responsibility, and any other
member of the employee's household.
Provisions:
1. The hiring, transfer, promotion, demotion, or reassignment of
immediate family members is prohibited if such action would result in
the creation of a situation where any one of the following conditions
would occur:
a) One party would have authority (or practical power) to
supervise, appoint, remove, or discipline the other;
b) One party's work responsibilities, salary, hours, career
progress, or other terms and conditions of employment in the ordinary
course of operations is likely to be influenced by the other;
c) One party would be responsible for reviewing, auditing, or
approving the work of the other;
d) One of the parties is a department head of the City (unless the
City Council approves the appointment by specifically recognizing the
relationship that will exist and exempting the hire or change in
employment status from this policy); or
e) In the ordinary course of operations, circumstances are likely
to lead to potential conflict among the parties or conflict between the
interest of one or both parties and the best interests of the City.
2. In the event one of the conditions provided above in 1(a)
through 1(e) occurs following an annual shift selection on the basis of
seniority within the rank, the Department Head shall have the final
decision on personnel assignments within the department to maintain the
efficiency of governmental operations.
3. For purposes of promotional evaluation panels, interview panels,
or other testing that impacts the scoring of candidates for hire or
14promotion, the defined list of immediate family members will be used to
determine if an employee is eligible to serve on a panel or in a testing
situation. A panel member shall be provided with a list of potential
candidates prior to the evaluation date and must immediately withdraw
upon determining that an immediate family member is scheduled. An
employee who does not self-identify an immediate family relationship
prior to the evaluation or testing situation shall be subject to
disciplinary action. The test results for the candidate shall only be
nullified if allowed by law.
4. A qualified candidate who is an immediate family member as
defined above shall be allowed to apply and participate in Civil Service
testing up to and including being placed on a Civil Service List but
shall not be considered for appointment if one of the situations
identified in numbered paragraph 1 above would occur. If the immediate
family member is the last person on the Civil Service List, the matter
shall be referred to the Waterloo Civil Service Commission for review
and determination if the candidate should be decertified.
5. When two existing employees marry or cohabitate and a
determination is made that a potential conflict of interest exists as
defined in numbered paragraph 1 above, the employees shall be provided
written notice of such determination and allowed ninety (90) calendar
days for one of them to obtain a transfer to other City employment in
compliance with any applicable Collective Bargaining Agreement and/or
Civil Service Rules. In the event that a transfer does not occur within
the specified time period, the affected employees shall be allowed ten
(10) calendar days to determine which of them will either voluntarily
resign or accept layoff. If the employees fail to make a joint decision
within ten (10) calendar days, the less senior employee shall be laid
off. The period of layoff shall not exceed three (3) calendar years.
6. Any employee whose status changes due to marriage or other
action which falls under this policy must inform his/her Department Head
within ten (10) calendar days of the occurrence of the change in status.
7. The provisions of this Policy shall only apply to hiring and
employment decisions (transfers, promotions, demotions, or
reassignments) occurring after February 9, 2004, which is the effective
date of the City Council's Resolution adopting this Policy.
City of Ypsilanti
1 South Huron Street
Ypsilanti, MI 48197
Effective Date: 4/1/99
Personal Relationships in the Workplace
The employment of relatives or individuals involved in a dating relationship in the same area of an
organization may cause serious conflicts and problems with favoritism and employee morale. In addition to
claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried
over into day-to-day working relationships.
For purposes of this policy, a relative is any person who is related by blood or marriage, or whose
relationship with the employee is similar to that of persons who are related by blood or marriage. A dating
relationship is defined as a relationship that may be reasonably expected to lead to the formation of a
consensual "romantic" or sexual relationship. This policy applies to all employees without regard to the
gender or sexual orientation of the individuals involved.
Relatives of current employees may not occupy a position that will be working directly for or supervising their
relative. Individuals involved in a dating relationship with a current employee may also not occupy a position
that will be working directly for or supervising the employee with whom they are involved in a dating
relationship. The City also reserves the right to take prompt action if an actual or potential conflict of interest
arises involving relatives or individuals involved in a dating relationship who occupy positions at any level
(higher or lower) in the same line of authority that may affect the review of employment decisions.
If a relative relationship or dating relationship is established after employment between employees who are
in a reporting situation described above, it is the responsibility and obligation of the supervisor involved in
the relationship to disclose the existence of the relationship to management. The individuals concerned will
15be given the opportunity to decide who is to be transferred to another available position. If that decision is
not made within 30 calendar days, management will decide who is to be transferred or, if necessary,
terminated from employment.
In other cases where a conflict or the potential for conflict arises because of the relationship between
employees, even if there is no line of authority or reporting involved, the employees may be separated by
reassignment or terminated from employment. Employees in a close personal relationship should refrain
from public workplace displays of affection or excessive personal conversation.
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