Nepotism and Related Employment UPPS No. 04.04.07
Issue
No. 8
Effective
Date: 10/22/2010
Review:
October 1 E3Y
01. POLICY STATEMENT
01.01
This UPPS explains the nepotism and
related employment policies of the university. It conforms to the policy set forth
in the Rules and Regulations of the Board of Regents (Board), The Texas State
University System (TSUS).
02. REGENTS' RULES REGULATING THIS POLICY
02.01 The university
will appoint each employee, whether full-time or part-time, solely with regard to the special fitness of the appointee subject to
applicable statutes and subject also to the provisions of this UPPS and Section
2.2 of Chapter V, of the Rules and Regulations of the Board of Regents, The
Texas State University System.
02.02 In accordance
with the prohibition of Government Code Ch. 573, no person related to any
member of the Board within the second degree of affinity or within the third
degree by consanguinity as described in Section 03.05 is eligible for
appointment to any position with the university when that person’s compensation
is paid from public funds.
a.
Government
Code Ch. 573 does not prohibit the reappointment or continued employment of any
person continuously employed in any such office, position, employment, or duty
for a period of one year prior to the appointment of the member of the Board
related to such person within the prohibited degree, nor does it prohibit
honorary or non-remunerative positions.
b. The university may not waive the prohibition of Government Code Ch. 573
as it applies to all programs administered under the Board.
c. When the university allows a person to continue employment under the
exception specified in Section 02.02 a. above, TSUS Board Rules require the
related Board member shall not participate in the deliberation of, or vote on
any employment matter for that person, if the action applies only to that
person and not to a bona fide employee class or category.
02.03 Even though Government Code Ch. 573 does not prohibit a person’s
appointment, the president must approve in advance the employment of a person
related within the second degree of affinity or the third degree of
consanguinity to another employee if 1) such employment causes one relative to
have a direct supervisory relationship over the other relative; or 2) such
employment causes one relative to have authority over the salary or other terms
of employment of the other.
a. This policy does not prohibit the reappointment or continued employment
of a person related to another within either of the prohibited degrees if hired
by the university before this policy’s adoption. However,
no university employee may approve, recommend, or otherwise act with regard to
the appointment, promotion, or salary of any person related within either of
the prohibited degrees.
b. The president must approve an appointment if it places the person under
the direct or indirect supervision of an administrative supervisor related
within the specified degree. Additionally, if the appointment,
reappointment, or continued employment of a person places such person under an
administrative supervisor related within the above specified degree, all
subsequent actions with regard to appointment, reappointment, promotion, or
salary are the responsibility of the next highest administrative supervisor. It
is also the responsibility of the next highest administrator to make a written
review of the work performance of such employee at least annually and submit
each review for approval or disapproval by the appropriate vice president in
the case of classified employees or the president in the case of faculty,
administrative or unclassified employees.
c. The annual president’s report to the Board,
generated each May, shall report all situations covered by Section 02.03 b.
02.04 A department may not employ an individual
under the age of nineteen, including university student workers and those
actively enrolled in high school pursuing a diploma, if that individual is
related within the second degree of affinity or third degree of consanguinity
to any employee in that department.
03. PROCEDURES FOR ENFORCING THE POLICY
03.01 The following individuals will ensure that all individuals hired at Texas
State University-San Marcos meet the university’s nepotism policy requirements:
Responsible Administrator Category of Employee
VPAA Faculty
Director, Human Resources Non-faculty,
except students
Department Chair or Director Faculty,
Non-faculty, Students
03.02 Department heads must ensure that employee
promotions, reclassifications, transfers, marriages or other status changes do
not violate this policy.
03.03 The director of Human Resources is responsible for interpreting the
Texas State nepotism policy.
03.04 Employees may appeal the director of Human
Resources’ decisions to the president via the vice president for Finance and
Support Services. The president’s decision is final.
03.05 The following
describe the degrees of consanguinity and affinity referred to in this UPPS.
a.
Consanguinity
1)
Individuals are related to each other by
consanguinity when one descended from another or they share a common ancestor;
2)
The university considers an adopted child the
adoptive parent’s natural child; or
3)
With
the employee as a starting point, the following describe degrees of
consanguinity for the purposes of this UPPS:
a)
First degree: parents, son,
daughter;
b)
Second degree: grandparents,
grandchildren, uncle, aunt, first cousin, nephew, niece, brother, sister; or
c) Third degree:
great grandparents, great grandchildren, great uncle, great aunt, children of
great uncle or great aunt, second cousin, children of first cousin, grand
nephew, grand niece.
NOTE: The university considers spouses of relatives
described in the above degrees as related to the employee at the same degree.
b.
Affinity
1) Persons are
related by affinity to the employee if they are:
a) married to the
employee;
b)
related by consanguinity to the
spouse of the employee; or
c)
married to a person who is related
by consanguinity to the employee.
2)
The ending of a marriage by divorce
or the death of a spouse end relationships by affinity created by that marriage
unless a child of that marriage is living, in which case the marriage is
considered to continue as long as a child of that marriage lives.
3)
With the employee as a starting
point, the following describe degrees of affinity for the purposes of this
UPPS:
a)
First degree: spouse and spouse's
parents, son, daughter;
b)
Second degree: spouse's
grandparents, grandchildren, uncle, aunt, first cousin, nephew, niece, brother,
sister; or
c) Third degree:
spouse's great grandparents, great grandchildren, great uncle, great aunt,
children of great uncle or great aunt, second cousin, children of first cousin,
grand nephew, grand niece.
03.06 The university encourages department heads to consult the Consanguinity
and Affinity Chart when examining their departments for nepotism and
to avoid hiring that would violate the university’s nepotism policy and state
law.
04. PROCEDURES FOR PUBLICATION OF THE POLICY
04.01 The vice
president for Academic Affairs will publish the university's nepotism policy in
the Faculty
Handbook.
04.02 The director of Human Resources will publish the
university's nepotism policy in the Texas State 2010 Staff Handbook.
04.03 The director of Career Services will publish a reference
to the university's nepotism policy in UPPS No. 07.07.03,
Student Employment Procedures.
05. REVIEWERS OF
THIS UPPS
05.01 Reviewers of
this UPPS include the following:
Position Date
Director, Human Resources October
1 E3Y
University Attorney October
1 E3Y
Chief Diversity Officer and Director, October 1 E3Y
Office of Equity and Access
Chair, Faculty Senate October
1 E3Y
Chair, Staff Council October
1 E3Y
06. CERTIFICATION
STATEMENT
This UPPS has been approved by the following individuals in
their official capacities and represents Texas State policy and procedure from
the date of this document until superseded.
Director of Human Resources; senior reviewer of this UPPS
Vice President for Finance and Support Services
President