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13-R-106 - Employee Policy Changes - NepotismRESOLUTION NO. 13 -R -106 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING CHANGES IN THE EMPLOYEE NEPOTISM POLICY AS CONTAINED IN THE CITY OF SCHERTZ EMPLOYEE POLICY HANDBOOK. WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City review and approve the amendments to the proposed policies presented by city staff in accordance with the City of Schertz Charter; and WHEREAS, the City Staff has identified areas of improvement within the current city policies for the purpose of correction, compliance, and communication. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 111MErW Section 1. The City Council hereby authorizes the approval of staff recommendations to amend the current employee Nepotism Policy within the City of Schertz Employee Policy Handbook. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of December, 2013. CITY OF Iit TZ, TEXAS Mayor, ichael R. Carpenter ATTEST: 1 , -6iV Secretary, Brenda Dennis (CITY SEAL) 50506221.1 - 2 - SS(C1H[lE]RZ 1[ 7L 10� =W CITY OF SCHERTZ EMPLOYEE HANDBOOK Nepotism PREPARED BY: Human Resources APPROVED BY: City Council DATE APPROVED: 12/10/2013 EFFECTIVE DATE: 12/11/2013 REPLACES VERSION: 2.1.4 Purpose The City places limitations on the employment of relatives to comply withal] applicable laws and to prevent a condition of conflict between personal relationships and a City employee's duties and responsibilities to the City. This policy is designed to prevent a supervisor /subordinate relationship between relatives. This policy is also designed to prevent favoritism or the perception of favoritism by other employees in the department and/or City. Applicability This policy is applicable to all employees, temporary employees, and interns. For the purposes of this policy, interns are defined as employees. Definitions Affinity — Includes the spouse of an elected City official or employee and individuals related to the spouse. Consanguinity — Includes individuals related by blood to an elected City official or employee. Department — A major administrative branch of the City that reports to a Department Head and provides management responsibility for a group of related functions. Nepotism — The practice of favoring relatives over others. Relatives— Includes, but is not limited to, the first, second and third degree of consanguinity (blood), adoption; and the first and second degree of affinity (marriage). Common Law marriages as recognized by the State of Texas will also be included for purposes of this policy. Adopted and foster children shall be counted as blood relatives. SSCHIERTZ, i CITY OF SCHERTZ EMPLOYEE HANDBOOK Consanguinity relative by blood First Degree Second Degree Third Degree Father or Mother Grandparents Great Grandparents Son or Daughter Grandchildren Great Grandchildren (& Spouse) (& Spouse) (& Spouse) Uncle or Aunt Great Uncle or Aunt (& Spouse) (& Spouse) Brother or Sister Children of Great Uncle or Aunt (& Spouse) (& Spouse) First Cousin Second Cousin (& Spouse) (& Spouse) Nephew or Niece Children of First Cousin (& Spouse) (& Spouse) Great Nephew or Niece (& Spouse) Affinity (relative by marriage) First Degree Second Degree Spouse Grandparents Father or Mother Grandchildren Son or Daughter Uncle or Aunt First Cousin Nephew or Niece Brother or Sister SccHIcMUZ i CITY OF SCHERTZ EMPLOYEE HANDBOOK POIicV Nepotism is the showing of favoritism toward a relative. The City forbids the practice of nepotism in hiring personnel or awarding contracts. Grandfather Clause: Employees hired before the effective date of this policy shall be allowed to continue working in their current positions. After the effective date of this policy, no person shall be hired by the City if their employment with the City could violate this policy. Relatives of Officials No person related to any elected City official, the City Manager, Executive Directors, or the Human Resources Director within the first, second, or third degree by consanguinity (blood) or within the first and second degree by affinity (marriage) shall be employed with the City. This prohibition does not apply to employees who have been continuously employed by the City for at least two (2) years prior to the election of a City official related in the prohibited degree or to temporary employees. Furthermore, per state law, this prohibition does not apply to an employee related to the City Manager in the prohibited degree where the employee has been continuously employed by the City for a period of at least 30 days prior to the appointment of the City Manager. Relatives of City Employees General Provisions: No City employee shall have a relative working in the same department or any division within the same department as him/her. Supervision: No City employee shall directly or indirectly supervise a relative or supervise the work quality of a relative. Furthermore, no City employee shall be transferred or promoted into positions that require them to supervise the work quality of a relative or be placed in a direct or indirect supervisor /subordinate relationship with a relative. No City employee shall hold a job where the employee exercises supervisory authority over the work, work assignments, working conditions, or compensation/benefits of any relative who is also employed by the City. Relatives shall not be employed in a position whereby they would share the same immediate supervisor. Applicants: At the time of application, all applicants must disclose the name(s) of any relative(s) serving as an elected City official and any relative(s) currently employed by the City. SSC H�� RTZ i � ;�N CITY OF SCHERTZ. EMPLOYEE HANDBOOK Promotions/Transfers: All employees who are being considered for promotion or who are being transferred to another position, (whether in the same department or to a position in another department), must disclose the name(s) of any relative(s) serving as an elected City official or any relative(s) currently employed by the City. Conflict of Interest: The City reserves the right to prohibit the hiring, transfer, or promotion of any employee relative to any position within the City if the employment action could create an adverse impact on work performance, work conditions, a conflict of interest for the City, or the appearance of a conflict of interest for the City. If a current employee has a relative elected to a position with the City, the employee must either resign his/her position or the relative elected to City office must resign his /her elected position unless the employee has been employed by the City for at least two (2) years prior to the election. Recommendations for Hiring: A current City employee shall not be involved in the hiring or selection of a relative. Disciplinary Actions: No supervisor or any employee with supervisory authority, including the City Manager, Executive Directors, or Department Heads, shall participate in the disciplinary process, disciplinary decisions, or disciplinary appeals involving his/her relative. Investigations: No employee, including the City Manager, Executive Directors, or Department Heads, shall oversee or have any responsibility in conducting any City or internal investigation involving his/her relative. Special Considerations Employees Who Become Relatives: If employees become relatives and are in a direct or indirect supervisor- subordinate relationship, or in positions where a condition of conflict would exist, one or both of the employees shall notify Human Resources of this change in relationship status. Either or both of the employees may seek a transfer or resign from their respective positions. The decision as to which employee will vacate his/her position will, initially, be left up to the affected employees. The affected employee(s) will have fourteen (14) calendar days after becoming relatives to seek and /or be selected for another City position not barred by this policy or any other City policy. If one of the employees fails to seek and/or be selected for another position not barred by this or other policy within fourteen (14) calendar days of becoming relatives, the employee who has the least seniority with the City, based upon the most recent hire date, will be required to vacate his/her position. The respective Department Head will consult with the Human Resources Department prior to any termination of employment. SS�c�HI���RZ�r�� i n M CITY OFSCHERTZ EMPLOYEE HANDBOOK Transfer Accommodations: Accommodations maybe provided to employees who are impacted by this policy if no positions are available for which the employee would qualify to transfer into within the fourteen (14) day period (see above- Employees Who Become Relatives). The following conditions will apply when accommodations are granted: The employee will be given the opportunity to apply or interview for jobs, within reason, on City time. The employee will be required to provide advanced notice to his /her supervisor (prior to the date of such interview or appointment) and work with the supervisor on scheduling such absences. 2. An employee who is offered a position with the City at a lower level than the one previously held will receive his/her former salary unless that salary is greater than the top of the range of the new position. In this case, the employee's new salary will be set at the top of the range of the new position. 3. Accommodations will not be given to an employee who refuses a bona fide job offer. Accommodations will not extend beyond six (6) months after the employees last day of work with the City. 4. Accommodations will only be given when the employee meets all minimum qualifications for the position in which he /she applies. 5. The City Manager will have the final approval on aM accommodations. Related Policies Classification of Employment Progressive Discipline and Disciplinary Appeals Policy