Personnel

4112.8/4212.8-BP

 

NEPOTISM

 

It is the intent of the Board of Education to avoid any situation wherein there may arise a conflict of interest or other problems resulting from employment and assignment of relatives. No employee or applicant shall be improperly denied employment or benefits of employment on the basis of his or her marital status.

The term "Relative," for purposes of this rule, includes any marital or blood relationship or any other relationship similar to blood or marital relationship, as when an employee is the father, mother, grandmother, grandfather, grandchild, brother, sister, father-in-law, mother-in-law, aunt, uncle, cousin, step-child or child of another employee.

No employee shall occupy a position which would result in a supervisor-subordinate relationship between relatives. Any appointment, transfer, or promotion to a position resulting in a supervisor-subordinate relationship between relatives will be resolved at the sole discretion of the school district to serve the district's interest in promotion of safety, security, morale, and avoidance of conflicts.

Relatives, with the exception of spouses, may not be employed at the same work site. Spouses may be employed at the same worksite if such employment will not pose difficulties for supervision, security, safety, or morale, or pose any conflict of interest.

Employment of any Relative of a governing board member shall require full disclosure of the relationship by the board member at a public meeting. A member of the governing board shall abstain from voting on personnel matters, including appointment, that uniquely affect a Relative of the member but may vote on collective bargaining agreements and personnel matters that affect a class of employees to which the Relative belongs. For purposes of this section, “Relative” means an adult who is related to the person by blood or affinity within the third degree<1> (e.g., sister, brother, uncle or aunt, nephew or niece, grandparent, parent), as determined by the common law, or an individual in an adoptive relationship within the third degree.

 

 

Legal Reference:

Education Code

35120(e)

Voting restrictions

 

Government Code

12940(a)

No discrimination based on marital status

 

California Code of Regulations

7292.5

Prohibition on discrimination on basis of marital status - employee selection

 

 

Policy adopted:

4/27/81

Policy revised:

9/22/98