Policy 3.60

Nepotism

1. Purpose.

   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 prevent and address conflict of interest situations of employees related to employment, promotion, supervision, and evaluation of immediate family members.

2. Policy Statement.

   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, except as otherwise provided herein.

3. Definitions.

   1. 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.

   2. The term "directly supervise" shall relate to those situations in which one person at the School District is directly responsible to another.

   3. The term "indirectly supervise" shall relate to those situations in which a person does not directly supervise an employee but is in the direct chain of command between the immediate supervisor of the employee and the Superintendent. The prohibition of indirect supervision shall not apply to positions requiring instructional certification.

   4. 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.

   5. 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.

4. Standards.

   1. No employee shall participate in any personnel action, including recommendation for appointment, employment, promotion or advancement or evaluation concerning an applicant or employee to whom he is related.

   2. No employee may directly or indirectly supervise or be directly or indirectly 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.

   3. 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 position. The employee who is transferred shall be designated by the Superintendent and must meet all established qualifications for the position to which transferred. In the case of instructional personnel, the employee must be certified in the area of assigned instructional duties.

   4. 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.

   5. This policy shall not be interpreted to prohibit the employment of related employees in the same cost center provided that neither is directly or indirectly supervised by the other.

   6. 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.

   7. This policy applies to full-time, part-time and temporary employees.

   8. This policy will be considered when making all assignments, transfers and promotions.

   9. 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.

5. Responsibility and Compliance.

   1. The Division of Human Resources is responsible for ensuring that all new employees are informed of this policy at the time of hire.

   2. 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.

   3. 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.

   4. 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 to senior management.

   5. Senior management will be held accountable for abiding by this policy, ensuring that all employees within his/her jurisdiction are in compliance with this policy, and reporting any inconsistencies to his/her subordinate and Human Resources.

   6. 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.