UINTAH SCHOOL DISTRICT POLICY ACTION REVIEW

 

1st Reading

5/13/14

 

New

X

2nd Reading

6/17/14

 

Revised

Effective Date

6/17/14

 

Substitute

 

 

005.0210  NEPOTISM

 

1.0  DEFINITION

For purposes of this section:

1.1  “Appointee” means an employee whose salary,wages, pay, or compensation is paid from public funds;

1.2  “Chief administrative officer” means the superintendent; the person who has ultimate responsibility for the operation of the district;

1.3  “Public officer” means a board member or employee of the district; a person who holds a position that is compensated by public funds;

1.4   “Relative” means father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law.

  Utah Code Ann. § 52-3-1(1)(a-d)

2.0  PROHIBITED APPOINTMENT

No board member or employee of the district may employ, appoint, or vote for or recommend the appointment of a relative in or to any position or employment, when the salary, wages, pay, or compensation of the appointee will be paid from public funds and the appointee will be directly supervised by a relative, unless:

2.1  The appointee is eligible or qualified to be employed by the District as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;

2.2  The appointee will be compensated from funds designated for vocational training;

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

2.4  The appointee is a volunteer as defined by the District;

2.5  The appointee is the only person available, qualified or eligible for the position; or

2.6  The Superintendent determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.

Utah Code Ann. § 52-3-1(2)(a)

3.0  PROHIBITED SUPERVISION

3.1  No public officer may directly supervise an appointee who is a relative when the salary, wages, pay, or compensation of the relative will be paid from public funds, unless:

3.1.1        The relative was appointed or employed before the public officer assumed his or her supervisory position, if the relative's appointment was not unlawful at the time of appointment;

3.1.2        The appointee will be compensated from funds designated for vocational training;

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

3.1.4        The appointee is a volunteer as defined by the District;

3.1.5        The appointee is the only person available, qualified or eligible for the position;

3.1.6        The appointee is eligible or qualified to be employed by the District as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; or,

3.1.7        The Superintendent determines that the public officer is the only person available or best qualified to perform supervisory functions for the appointee.

3.2  When a public officer supervises a relative, the public officer shall make a complete written disclosure of the relationship to the Superintendent.  The public officer may not evaluate the relative's job performance or recommend salary increases for the relative.

Utah Code Ann. § 52-3-1(2)

4.0  ACCEPTANCE OF EMPLOYMENT

No appointee may accept or retain employment in the District if the appointee is under the direct supervision of a relative, unless:

4.1  The relative was appointed or employed before the District employee assumed his or her supervisory position, if the relative’s appointment was not unlawful at the time of appointment;

4.2  The appointee is eligible or qualified to be employed by the District as a result of his compliance with civil service laws or regulations, or merit system laws or regulations;

4.3  The appointee will be compensated from funds designated for vocational training;

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

4.5  The appointee is a volunteer as defined by the District;

4.6  The appointee is the only person available, qualified or eligible for the position;

4.7  The appointee is eligible or qualified to be employed by the District as a result of his compliance with civil service laws or regulations, or merit system laws or regulations; or,

4.8  The Superintendent determines that the appointee’s relative is the only person available or best qualified to perform supervisory functions for the appointee.

5.0  The district will establish procedures to ensure that Utah Code 52-3-1 is followed.

6.0  FEDERAL FUNDS

The rules against nepotism apply to employees paid with public funds regardless of the source of those funds, including employee paid with funds from a federal grant.