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 personís 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 personís 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 policyís 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 presidentís 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 universityís nepotism policy requirements:
Responsible Administrator††††††††††††††††††††††† Category of Employee
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 Resourcesí decisions to the president via the vice president for Finance and Support Services. The presidentís decision is final.
03.05† The following describe the degrees of consanguinity and affinity referred to in this UPPS.
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 parentís 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.
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 universityís 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
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:
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