9151

Anti-Nepotism

In order to promote efficiency and harmony in the public service rendered by the employees of the District, no spouse, domestic partner, close family relative (e.g., parent, child, sibling, grandparent, in-law), significant other or person in a close personal relationship, or person residing within the same household shall be in a supervisory relationship to such relative or household resident. This policy shall also apply to a personal relationship, as defined below, between supervisory and subordinate employees. For the protection of both the supervisor and supervisee, the relationship should be reported to the Principal and District Human Resources Office.

In the event a situation exists or occurs whereby a supervisory employee is or would be placed in the position of supervising such other relative, person in a close personal relationship, or household resident, in accordance with applicable work rules, one of the following shall occur:

1. The supervisee shall be supervised by another employee designated by the Superintendent who has higher supervisory authority than the supervisor, including but not limited to conducting observations/evaluations, preparing schedules, assigning overtime, or any other financial or other employment advantage; or

2. The supervisor or supervisee shall be transferred to a position in a different supervisory group; or

3. Where a transfer cannot be implemented as a result of contractual and/or statutory requirements, the Superintendent and Board shall take those actions necessary, including the commencement of due process administrative proceedings, if applicable, to enforce the provisions of this policy.

Personal Relationships between Supervisors and Subordinates

The decision for employees to engage in a personal relationship is a personal one. For purposes of this policy: (1) a “personal relationship” is defined as employees in a supervisory/subordinate status getting engaged or married, becoming domestic partners or entering into a romantic or sexual relationship or affair with each other and (2) “supervisory/subordinate relationship” is defined as a situation when one employee directly supervises or evaluates the other employee. When supervisory and subordinate employees engage in a personal relationship, it can result in a breakdown of trust and respect, miscommunication and potential liability for the District. It can also affect productivity and the culture of the workplace.

Prior to engaging in a personal relationship, employees in a supervisory/subordinate relationship shall both report their intent, in writing, to the Principal, Superintendent, or the Human Resources Office. Such relationship may only continue if:

1. One of the employees accepts a voluntary transfer to another position in the District that is available and eliminates the supervisor/subordinate relationship with the other employee.

2. If no position is available, one of the employees voluntarily resigns from employment with the District.

In the event that an employee is promoted, assigned or transferred to a position in which he or she will have a supervisory/subordinate relationship with a person with whom he or she already has a personal relationship, neither employee will be in violation of this policy as long as each of them report their personal relationship, as set forth above, upon learning of the promotion, assignment, or transfer. In such case, the subordinate employee shall be transferred to a comparable position as soon as such position becomes available. Until such transfer takes place, the subordinate employee shall not be supervised, evaluated, or counseled by the supervisory employee. The Superintendent shall assign someone to supervise, evaluate, and counsel the subordinate employee in all matters.

If an employee knows that he or she is being considered for promotion, assignment, or transfer to a position which will create a supervisory/subordinate relationship with a person with whom he or she already has a personal relationship, such employee shall notify the Superintendent or District Human Resources Office immediately of the relationship. The Board and Superintendent reserve the right not to hire, promote, assign, or transfer employees into positions which would create a situation where one employee supervises the other despite the fact that such employee may otherwise be qualified candidates for the position.

Nothing in this policy shall require the Superintendent:

1. to transfer an employee to another position if doing so would not be in the best interest of the District;

2. to create a new position in order to avoid the supervisory/subordinate relationship;

3. to promote an employee in order to avoid the supervisory/subordinate relationship;

Nothing herein may be interpreted as condoning improper or adulterous relationships, or any form of immoral or disreputable conduct by employees.

Cross-Reference: 9645 Disclosure of Wrongful Conduct (Whistleblower Policy)

Adopted: October 2, 2023