Nepotism 12-11-13
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 with all 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.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Consanguinity (relative by blood)
First Degree Second Degree Third Degree
Father or Mother
Son or Daughter
(& Spouse)
Grandparents
Grandchildren
(& Spouse)
Uncle or Aunt
(& Spouse)
Brother or Sister
(& Spouse)
First Cousin
(& Spouse)
Nephew or Niece
(& Spouse)
Great Grandparents
Great Grandchildren
(& Spouse)
Great Uncle or Aunt
(& Spouse)
Children of Great Uncle or Aunt
(& Spouse)
Second Cousin
(& Spouse)
Children of First Cousin
(& Spouse)
Great Nephew or Niece
(& Spouse)
Affinity (relative by marriage)
First Degree Second Degree
Spouse
Father or Mother
Son or Daughter
Grandparents
Grandchildren
Uncle or Aunt
First Cousin
Nephew or Niece
Brother or Sister
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Policy
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.
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.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Transfer Accommodations: Accommodations may be 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:
1. 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 any accommodations.
Related Policies
Classification of Employment
Progressive Discipline and Disciplinary Appeals Policy