It is the intent of this policy to avoid any situation where there can arise the appearance of conflict of interest either on the part of a School Board member or an employee of the School District. The purpose of this policy is to provide guidelines to maintain an equitable work environment and to prevent and address conflict of interest situations of employees related to employment, promotion, supervision, job assignment, and evaluation of related employees.
It is the policy of the School Board of Palm Beach County, Florida, (the "School Board") that an applicant for any position within the School District of Palm Beach County, (the "School District"), and any employee of the School District seeking promotion or transfer shall be considered solely on the basis of respective qualifications for such a position, regardless of whether the applicant or employee is or is not related by blood or marriage to any member of the School Board or to any employee of the School District.
The terms "related" or "relative" shall refer to the following relationships: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister or any persons who reside at the same residence as the Board member or employee, including a registered domestic partner as provided for in Policy 3.78.
The term "directly supervise" shall relate to those situations in which a School Board member or employee is directly responsible for another full-time, part-time or temporary employee's appointment, employment, promotion, demotion, job assignments, overtime/payroll authorization or job performance evaluation.
The term "recommendation for employment, promotion, advancement or dismissal" shall apply to those situations in which an individual has responsibility for making advisory recommendations to the Superintendent; such term shall not apply to employee nominations or dismissal recommendations of the Superintendent of the School District.
The term "evaluation" shall apply to those situations in which an individual is assigned responsibility for preparing the annual evaluation of an employee or is requested to participate in the formulation of such evaluation.
No School Board member or employee shall participate in any personnel action, including recommendation for appointment, employment, promotion or advancement or evaluation concerning an applicant or employee to whom she or he is related.
No School Board member or employee may directly supervise or be directly supervised by an employee to whom that person is related. If a person is hired into or transferred into a position for which s/he will directly supervise or be directly supervised by a relative, s/he shall immediately notify the Division of Human Resources in writing within three business days of the occurrence.
Whenever one relative is promoted or transferred to a position that would result in a violation of this policy, the conflict shall be resolved by transferring one of the related employees to another comparable position. The employee who is transferred shall be designated by the Superintendent and must meet all established certifications and qualifications for the position to which transferred. The transfer of the employee shall be in compliance with any applicable collective bargaining agreement, if any.
This policy shall not, except as provided herein, be interpreted to prohibit the employment of relatives of School Board members or relatives of any employee of the School District. Neither shall the policy be interpreted to apply to students in officially sponsored educational work-study programs.
This policy shall not be interpreted to prohibit the employment of related employees in the same cost center provided that neither is directly supervised by the other.
Should two employees enter into a relationship or living arrangement that would create a violation of this policy, one of the employees will be transferred to a position in the same job classification if available. The employee supervisor must notify the Division of Human Resources in writing within three business days. The Superintendent or designee shall select the employee to be transferred in compliance with the applicable collective bargaining agreement, if any. The employee must meet all established certifications and qualifications for the position to which transferred.
This policy applies to full-time, part-time and temporary employees.
This policy will be considered when making all hirings, assignments, transfers, demotions, and promotions.
In the event of a conflict between a provision of this policy and the terms of any applicable collective bargaining agreement, the latter shall control.
Responsibility and Compliance
The Division of Human Resources is responsible for ensuring that all new employees are informed of this policy at the time of hire.
The applicant/employee is responsible and accountable for providing accurate and complete information regarding the identity of his/her relatives on disclosure forms/statements required for employment, assignment, transfer or promotion.
The Division of Human Resources will be responsible for implementing the provisions of this policy based upon the disclosure information furnished by applicants and employees.
Administrators/supervisors will be responsible for abiding by this policy, ensuring that employees within their jurisdiction are aware of the provisions of this policy, and reporting any inconsistencies or conflicts within three business days in writing to the Division of Human Resources. Failure to provide notification as provided herein is grounds for disciplinary action, up to and including dismissal.
The Division of Human Resources, with the relevant work unit, is responsible for reviewing disclosure information submitted by the applicant/employee and considering the provisions of this policy prior to making assignments, transfers or promotions.
|STATUTORY AUTHORITY:||Fla. Stat. §§ 1001.41, 1001.42, 1001.43, 1001.49, 1001.51, 1012.22, 1012.23|
|LAWS IMPLEMENTED:||Fla. Stat. §§ 112.312, 112.3143, 112.3135, 1012.22, 1012.23|
|HISTORY:||11/29/76; 6/16/82; 5/3/95; 6/3/2009; 5/16/2012|