Nepotism - HR Policy 123

Nepotism - HR Policy 123

Abstract:
This policy states that UAB employees must refrain from employment decisions and evaluations involving immediate family members or another UAB employee who resides in the same household.
Effective Date:
8/1/2013
Responsible Party:
Contacts:
None Assigned
Administrative Category:
Applies To:
Faculty, Staff
Material Original Source:

Policy 123 – Nepotism

 

Date Issued:  10/80
Date Revised:  6/19 (formerly revised 08/13)

 

PURPOSE

This policy prohibits nepotism in employment at UAB and clarifies expectations regarding the management of any actual or perceived conflicts of interest related to nepotism.

 

POLICY (defined terms are capitalized)

Applicable state law and the rules of The Board of Trustees of The University of Alabama prohibit nepotism in employment at UAB.  

No employee shall engage in Nepotistic Conduct with regard to a Family or Household Member. 

In any cases of perceived or potential conflicts with this policy, a Nepotism Management Plan must be documented by the department/appropriate supervisor(s) and submitted to the Chief Human Resources Officer) through the online Nepotism Management Plan Request Form for approval and recordkeeping.   

New Relationships that may or will result in nepotism shall also be subject to this policy. 

Family or Household Members are permitted to work at UAB, or even in the same department, provided no Nepotistic Conduct occurs and a Nepotism Management Plan is created. 

Pursuant to Board Rules, additional approvals at the campus and/or University of Alabama System Office are required before hiring members of the immediate families of the President, Chancellor, members of the Board of Trustees, and specified senior administrators. 

This policy also applies to instances of nepotism that existed before the enactment of this policy.  Any existing relationships or situations must be disclosed immediately, evaluated, and managed as provided in this policy.

 

DEFINITIONS 

Family or Household Member:  This term includes those related by blood, marriage, step relationships, in-laws, and by sharing a primary residence.   Nepotism involving anyone within the “fourth degree,” is prohibited which means a first cousin or closer.  This includes spouses, parents (including stepparents), grandparents, great grandparents, great-great-grandparents, children (including stepchildren), grandchildren, great grandchildren, great-great-grandchildren, brothers or sisters (including stepbrothers or stepsisters), aunts, uncles, nieces, nephews, grandnieces/nephews and corresponding in-laws.  For purposes of clarification, those who are married or living together, and those who share a child (regardless of marital or household status) may not engage in Nepotistic Conduct with regard to his/her or the partner’s relatives as defined in this policy.  

Nepotism Management Plan:  A Nepotism Management Plan is a document that memorializes the steps taken to avoid the appearance of a potential or perceived conflict of interest, or potential violation of this policy.  A Nepotism Management Plan should generally include: the basis for the Family or Household Member relationship, the reasons for the perception of or potential for nepotism, and the steps to be taken by the parties involved to avoid Nepotistic Conduct, which may include a transfer of one or more employees, a reallocation of duties, or a modification in the chain or reporting.  Such a plan should be signed or acknowledged by all affected parties.  A Nepotism Management Plan may be subject to revision and necessary alteration, as determined in the discretion of the supervisor or the Chief Human Resources Officer. Approval may only be granted if a position can be structured to ensure no prohibited working relationship exists among Family or Household Members and must be requested in writing to UAB’s Chief Human Resources Officer using the Nepotism Management Plan Request Form.   

Nepotistic Conduct:  Employees are prohibited from participating in the following conduct with regard to a Family or Household Member:

·        Appointing to a position, job, or office of profit
·        Hiring or participating in hiring
·        Entering into a personal services contract
·        Supervising
·        Being in the chain of command of such person
·        Evaluating
·        Reassigning
·        Promoting
·        Adjusting or increasing salary or pay
·        Disciplining
·        Seeking to use one’s position to affect or influence, or attempt to affect or influence, the outcome of any of the above activities or terms and conditions of employment, such as wages, hours, benefits, or career progress
·        Engaging in any other activities that would create a prohibited conflict of interest
 
New Relationships:  Employees who marry while employed, or become a Family or Household Member while employed, become subject to this policy.  Any new relationship must be disclosed promptly by involved employees, and evaluated and managed in accordance with this policy.
 
 
SOURCES
 
Alabama Code § 41-1-5
Alabama Ethics Law, §§ 36-25-1, et seq.
Board Rule 106
Board Rule 106.2

 

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