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Employment of Relatives Policy

This policy was posted for public comment from February 26 – March 18, 2024.

Comments

This policy does not address nepotism adequately. Spouses can collude without being in the same department, "lowest organizational unit." They should be in a different area of the college altogether, ie, a different School.

This policy does not address the hiring, or application and selection of candidates, where an individual may favor the employment a relative in situations where there wouldn't be any direct or indirect supervisory relationship - once hired.

1. Policy
a. The policy statement reads more like a summary than a policy statement. Consider rewriting it or replacing it with section 4.A. Which states: “Salt Lake Community College (“SLCC”) is committed to a policy of employment and advancement on qualifications and merit. SLCC does not discriminate in favor of or in opposition to the employment of relatives.”
2. References
1. Consider adding Utah Code §§ 52-3-1 (2)
3. Definitions
a. In section 3.A. the Administrative concern definition is a little vague and should be tightened. Should the term “Administrative concern” be replaced with “Conflict of Interest”? This may solve the problem with the conciseness in the definition.
b. In section 3.B. the Relatives definition is also found in Personnel Definitions and is worded differently.
c. In section 3.B. consider adding “a person who resides in the same residence as a public officer or employee.”
d. In section 3.B. consider adding “or a person of financial authority”.
4. Procedures
a. Consider using section 4.A. to replace the current policy statement.
b. In section 4.B., add “hiring and” to the section so that it reads: “the policy specifically prohibits the hiring and employment of relatives in any position…”.
c. In section 4.B., consider reformatting “… This includes, but is not limited to, appointment, compensation, assignment of work, evaluation, grants administration and sponsored research projects, and financial authority or transactions.” To:
“This includes, but is not limited to:
1) appointment
2) compensation
3) assignment of work
4) evaluation
5) grants administration and sponsored research projects; and
6) financial authority or transactions”
d. In section 4.C. it reads: “Relatives may not be employed here they will work in close proximity…”. What does this mean? The same office, department, division, campus? Sometimes faculty members get married it is hard to find quality faculty. They should not be required to professionally be separate or relocate.
e. In section 4.D. it reads: “Upon employment” consider replacing “employment” with “hiring” so that it reads: “Upon hiring”.
f. In section 4.D.1. consider rewriting so that it reads: “employees must immediately disclose, in writing, to their supervisor, or hiring manager, any known relatives, relationships¸ or household member(s) employed by the college that may cause a conflict of interest; and”
g. In section 4.D.2., it states: “an employee and their relative may not work in the same department (the lowest organizational unit).” Can a father and son in facilities continue work if the father works at Redwood campus and the son works at South Jordan campus?
h. Section 4.E. reads: “This policy will not be considered retroactive and does not apply to the continuous rehire of employees.” This section makes no sense, SLCC employees will not understand what this means. Consider clarifying it so that it is understandable.
i. In section 4.F. Consider giving examples of exceptions that will be approved.
j. In section 4.F. it states: “…the Employment of Relatives Authorization form must be submitted…” who should the form be submitted to?
k. In section 4.F. please ensure that the link to the Employment of Relatives Authorization form works.
l. In section 4.F., Revise sentence: “…Final approval is determined by the People &Workplace Culture Employment office, appropriate cabinet member, who must consult with the PWC Employment office, or college president, depending on the reporting structure for the position.” So that it reads: “…Final approval is determined by the appropriate cabinet member, who must consult with the PWC Employment Office.”
m. One final note that the committee had concerning two married people working together: What is the problem that the college concerned with? Should we clarify this to state that any spouse:
1. May not sit with another spouse on a committee.
2. May not supervise their spouse.
3. May not evaluate their spouse.
We need a procedure that if one spouse moves up in position in the organization, the other spouse does not need to relocate. This happened with the Interim Provost and his wife.

Responses

Overarching Concerns

This policy does not address the hiring, application, and selection of candidates. An individual may favor the employment of a relative in situations where there wouldn't be any direct or indirect supervisory relationship once hired.

Section 4.B has been revised. The second sentence now references hiring committees as a concern that could create an apparent or actual conflict of interest.

This policy does not address nepotism adequately. Spouses can collude without being in the same department or "lowest organizational unit." They should be in a different area of the college altogether, i.e., a different School.

4.C has been revised to include, “In cases of administrative concern, the department should contact Employee Relations to advise on a case-by-case basis.” Employee Relations, with the office of general counsel as appropriate, will review each case to determine if there is an administrative concern.

What is the college’s concern about two married people working together?

Should we clarify this in the policy to state that any spouse/domestic partner:
1. May not sit with another spouse on a committee.
2. May not supervise their spouse.
3. May not evaluate their spouse.

These revisions were not accepted. The main concern is the potential for an administrative concern situation or an apparent or actual conflict of interest. This has been addressed in 4.B and 4.C.

We need a procedure that if one spouse moves up in position in the organization, the other spouse does not need to relocate. This happened with the Interim Provost and his wife.

4.C has been revised to include, “In cases of administrative concern, the department should contact Employee Relations to advise on a case-by-case basis.” Employee Relations, with the office of general counsel as appropriate, will review each case to determine if there is an administrative concern.

Consider rewriting the policy statement or replacing it with section 4.A. (Section 1)

No revisions were made in response to this comment.

Consider adding Utah Code §§ 52-3-1 (2) to References (Section 2)

No revisions were made in response to this comment. The existing reference in section 2, although broader, does include this section.

Definitions (section 3)

Administrative Concern (3.A) is a little vague. Should the term “Administrative concern” be replaced with “Conflict of Interest”?

No revisions were made in response to this comment. After discussion, it was determined that the term “administrative concern,” as defined, is more specific to this policy than a broader, conflict of interest definition.

Relatives (3.B) is also in the Personnel Definitions and is worded differently. Consider adding “a person who resides in the same residence as a public officer or employee.” Also, consider adding “or a person of financial authority.”

The Office of General Counsel, in collaboration with PWC, is reviewing all definitions in the Personnel Definitions document. Once the review is completed, the definition of “Relatives” will be updated in the document.

Section 4.B

Suggest adding “hiring and” to the section so that it reads: “the policy specifically prohibits the hiring and employment of relatives in any position…”

No revisions were made in response to this comment. Hiring is part of the employment process.

Consider reformatting “… This includes, but is not limited to, appointment, compensation, assignment of work, evaluation, grants administration and sponsored research projects, and financial authority or transactions.”

No changes to formatting were made in response to this comment.

Section 4.C. reads, “Relatives may not be employed here they will work in close proximity…” What does this mean? The same office, department, division, campus? Sometimes, faculty members get married, and it is hard to find quality faculty. They should not be required to professionally be separate or relocate.

4.C has been revised to include, “In cases of administrative concern, the department should contact Employee Relations to advise on a case-by-case basis.” Employee Relations, with the office of general counsel as appropriate, will review each case to determine if there is an administrative concern.

Section 4.D

It reads: “Upon employment,” consider replacing “employment” with “hiring.”

No revisions were made in response to this comment. Hiring is part of the employment process.

Consider rewriting 4.D.1 so that it reads, “employees must immediately disclose, in writing, to their supervisor, or hiring manager, any known relatives, relationships or household member(s) employed by the college that may cause a conflict of interest; and”

These concerns are addressed in the Employment of Relatives Authorization form listed in 4.F.

4.D.2. states, “an employee and their relative may not work in the same department (the lowest organizational unit).” Can a father and son in facilities continue work if the father works at the Redwood campus and the son works at the Jordan campus?

In the situation described, yes, a father and son in facilities can continue to work if the father and son work at different campuses.

Section 4.E is very confusing and unclear. Please consider clarifying it so that it is understandable to most SLCC employees.

Section 4.E was revised to read, “This policy will not be considered retroactive.” A new section, 4.F.3, was added, clarifying, “Employees whose Employment of Relatives Authorization form has previously been approved need not resubmit it when applying for a different position at the college.”

Section 4.F

Consider giving examples of exceptions that will be approved.

We do not typically include examples of this nature in college policies. Please contact PWC for examples if needed.

4.F. states, “…the Employment of Relatives Authorization form must be submitted…” To whom should the form be submitted? Please ensure that the link to this form works.

This is an electronic form, currently in etrieve. Once “submitted,” the form is automatically routed to the appropriate individual/office at the college for approval. The hyperlink to this form will be verified before the approved policy is published on the website.

Suggest revising the last sentence to “…Final approval is determined by the appropriate cabinet member, who must consult with the PWC Employment Office.”

No revisions were made in response to this comment. This suggestion does not fully encompass the approvals process.