GCBA - Employment and Supervision of Relatives

1. PURPOSE AND PHILOSOPHY

In order to promote the public interest and strengthen the trust and confidence of the citizens of Nebo School District, the Board of Education hereby implements the following policy to eliminate the improper use of influence in the hiring and supervision processes of the District and to comply with applicable law, including Utah Code Ann. § 52-3-1, et seq.

It is the policy of the Nebo School District not to discriminate on the basis of age, sex, race, color, national origin, pregnancy, disability, religion, or any other legally protected class as defined by applicable state and federal law.

2. DEFINITIONS

“Appointee” means the same as defined in Utah Code Ann. § 52-3-1 and is an employee whose salary, wages, pay or compensation is paid from public funds.

“Direct supervision” or “directly supervise” means an employment relationship in which:  (a) the supervisor is directly responsible for the day-to-day duties and responsibilities of the employee; and (b) the supervisor and employee work within the same school, program, or department. 

“Household member” means the same as defined in Utah Code Ann. § 52-3-1 and is a person who resides in the same residence as another District employee.

“Relative” means the same as defined in Utah Code Ann. § 52-3-1 and is a father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, step-father, step-mother, step-son, step-daughter, step-sister, step-brother, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.

“Volunteer” means a person who donates time and services to the District without receiving pay or other compensation for those services, as defined in Nebo School District Policy KB, Volunteers.

3. HIRING

A Board member or administrator may not employ, appoint, vote for, or recommend the appointment of an appointee when the appointee will be directly supervised by a relative or household member unless: 

the appointee is eligible or qualified to be employed as a result of the appointee’s compliance with civil service or merit system laws or regulations;

the appointee will be compensated from funds designated for vocational training;

the appointee will be employed for a period of 12 weeks or less;

the appointee is a volunteer; or

the Superintendent determines that the appointee is the only or best person available, qualified, or eligible for the position.

4. DIRECT SUPERVISION

An employee may not directly supervise an appointee who is a relative or household member of the employee, unless:

the appointee was appointed or employed before the supervisor assumed the supervisor’s position, if the appointee’s appointment did not violate Utah law in effect at the time of the appointee’s appointment;

the appointee is eligible or qualified to be employed as a result of the appointee’s compliance with civil service merit system laws or regulations;

the appointee will be compensated from funds designated for vocational training;

the appointee will be employed for a period of 12 weeks or less;

the appointee is a volunteer;

the Superintendent determines that the appointee is the only person available, qualified, or eligible for the position; or

the Superintendent determines that the supervising employee is the only individual available or best qualified to perform supervisory functions for the appointee.

When a supervisor supervises a relative or household member under subsection 4.1: 

the supervisor shall immediately submit to the Superintendent a complete written disclosure of the supervisor’s relationship with the relative or household member in accordance with Utah Code Ann. § 67-16-7; and 

the supervisor may not evaluate the job performance of, or recommend salary increases for, the relative or household member.

A disclosure submitted under paragraph 4.2.1 is public and must be available for public inspection.

5. ACCEPTANCE OF EMPLOYMENT

An appointee may not accept or retain employment in the District if accepting or retaining employment will place the appointee under the direct supervision of a relative or household member unless:

the relative or household member was appointed or employed before the appointee assumed the appointee’s position, if the appointment of the relative or household member did not violate Utah Code Ann. § 52-3-1, et seq. at the time of the appointment; 

the appointee was or is eligible or qualified to be employed by a department or agency of the state or a political subdivision of the state as a result of the appointee's compliance with civil service or merit system laws or regulations; 

the Superintendent determines that the appointee is the only person available, qualified, or eligible for the position; 

the appointee is employed for a period for 12 weeks or less;

the appointee is a volunteer; or

the Superintendent determines that the supervising employee is the only person available or best qualified to supervise the appointee.