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 |
Responses
Overarching Concerns
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.
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?
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.
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)
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.
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
No revisions were made in response to this comment. Hiring is part of the employment process.
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
No revisions were made in response to this comment. Hiring is part of the employment process.
These concerns are addressed in the Employment of Relatives Authorization form listed in 4.F.
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
We do not typically include examples of this nature in college policies. Please contact PWC for examples if needed.
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.
No revisions were made in response to this comment. This suggestion does not fully encompass the approvals process.