NEPOTISM POLICY
|
| Effective |
December 5, 1999 |
| Purpose |
To establish a statewide policy to ensure that hiring and supervision in state government is conducted in a manner which enhances public confidence in government and prevents situations which give the appearance of partiality, preferential treatment, improper influence, or a conflict of interest. |
| Authority |
ORC 124.09
ORC 2921.41
ORC 102.03
DAS Directive 04-09 |
| Reference |
ODNR Ethics Policy
Nepotism Form (ADM 4173) |
| Resource |
Office of Human Resources Personnel Services Section |
General
A. Definitions
For purposes of this policy, the following definitions apply:
- "Public official or employee" means any person who is elected or appointed to an office or is an employee of any public agency under the jurisdiction and control of the Governor or his appointees. Public employee includes part-time interns, paid student help, temporary, intermittent and seasonal employees.
- "Closely related by blood or marriage" is defined to include, but is not limited to a spouse, children (whether dependent or independent), parents, grandparents, siblings, and other persons related by blood or marriage who reside in the same household.
- "Significant relationship" means persons living together as a spousal or family unit when not legally married or related where the nature of the relationship may impair the objectivity or independence of judgment of one individual working with the other.
- "Business associates" are defined as parties who are joined together in a relationship for business purposes or acting together to pursue a common business purpose or enterprise.
- "Supervision" means the ability or power to effectively recommend the hire, transfer, suspension, layoff, recall, promotion, discharge, assignment, reward, discipline or settlement of disciplinary grievances/appeals of other public employees, including the authority of a board or committee to order personnel actions affecting the job.
All public officials and state employees are prohibited from authorizing or using the authority or influence of his/her position to secure the authorization of employment or benefit (including a promotion or preferential treatment) for a person closely related by blood, marriage, or other significant relationship, including business associates. This includes, but is not limited to, the following circumstances:
B. Hiring
Neither the Governor nor Lieutenant Governor shall authorize or use the authority or influence of his/her position to secure authorization of the employment of a person closely related by blood, marriage, or other significant relationship, including business associates, to serve in any position within state government.
Except as provided in Section D, no public official or employee serving as a Department Director, Assistant Director, Deputy Director, or any person of equivalent rank shall have in the employ of his/her department any person closely related by blood, marriage, or other significant relationship, including business associates
Except as provided in Section D, no public official or employee employed in the personnel area of his/her department shall have in the employ of his/her department any person closely related by blood, marriage, or other significant relationship, including business associates.
C. Supervision
Except as provided in Section D, no public official or employee shall supervise, any person closely related by blood, marriage, or other significant relationship, including business associates.
Should a supervisory conflict arise, the department shall work expeditiously to relocate or transfer one of the individuals to eliminate the conflict to the extent permitted by law and/or collective bargaining agreement. This relocation or transfer should be to a comparable position with minimal inconvenience for the transferring employee.
D. Exceptions
- Sections B and C shall not apply to those circumstances in which:
- A marital or other significant relationship develops subsequent to both the public official and/or employees employment with the department. (In this instance, the department should make reasonable attempts to avoid a supervisory conflict).
- The public official or employee is employed by the department prior to the appointment of a person closely related by blood, marriage or significant relationship to the position of Director, Assistant Director, Deputy Director or personnel employee (e.g., a husband is employed at the agency and his wife is offered the appointment of Deputy Director. Neither the husband nor the wife must leave the agency. Although the department should make reasonable attempts to assure that the wife does not directly supervise her husband).
- A person closely related by blood, marriage or significant relationship obtains employment with the same department as the result of bumping, displacement, recall or some other non-discretionary personnel action.
- The public official or employee served in a capacity other than Director, Assistant Director, Deputy Director or personnel employee at the time the person closely related by blood, marriage or significant relationship was hired by the department (e.g., a sister and brother are both employed by a department and the sister achieves a promotion to the personnel area of the department. A conflict does not exist provided the sister does not process any personnel actions for her brother).
- The public official or employee is employed in the personnel division of a department that has more than one personnel office by virtue of the institutional nature of the department, and a person closely related by blood or marriage is hired by the personnel office of another location to work for that location (e.g., a public employee is a personnel officer at a Department of Youth Services Institution in Cleveland and his brother is hired by the personnel division of a Department of Youth Services Institution in Cincinnati).
Procedures
Each division/office personnel officer is responsible for ensuring all candidates interviewed for vacant positions complete the State of Ohio Supplemental Nepotism Statement ADM 4173 (New 7/93). The Supplemental Nepotism Statement must be attached to every personnel action form for new hires, promotions, or transfers.
Enforcement
ODNR is responsible for adhering to the Nepotism Policy. Any violations of the criminal or ethics laws should be reported to the Office of Chief Legal Counsel in the Governor's office, as required by the Governor's Procedures for Responding to Illegal Activity. Any violations of the Ethics laws may also be reported to the Ohio Ethics Commission.
|