Model Nepotism Policy for [Name of School/School District]
1. Purpose and Intent
This policy is established to ensure that employment decisions and actions within [Name of School/School District] are made in a fair and impartial manner, free from favoritism or the appearance of favoritism due to family relationships (nepotism). This policy is intended to comply with the West Virginia Ethics Act (West Virginia Code Chapter 6B), related state statutes (including but not limited to W. Va. Code §18A-2-1, §61-10-15), and rules promulgated by the West Virginia Ethics Commission (e.g., 158 C.S.R. 6).
2. Definitions
Nepotism: Favoritism shown or patronage granted in employment or working conditions by a public official or public employee to a relative or a person with whom the public official or public employee resides. Nepotism is considered a form of using public office for private gain.
Public Official/Public Employee: Any elected or appointed official, or any employee of [Name of School/School District], including board members, administrators, teachers, and service personnel.
Relative: For the purposes of this policy, "relative" includes:
Spouse
Mother, Father
Sister, Brother
Son, Daughter
Grandmother, Grandfather
Grandchild
Mother-in-law, Father-in-law
Sister-in-law, Brother-in-law
Son-in-law, Daughter-in-law
Stepfather, Stepmother
Stepson, Stepdaughter
Stepbrother, Stepsister
Half-brother, Half-sister
Uncle, Aunt
First Cousin
Nephew, Niece
(Note: This definition combines relatives listed in W. Va. Code §18A-2-1(a)(2) and the Ethics Commission's definition in 158 C.S.R. 6-3.3. It is advisable to use the broadest definition applicable.)
Person with whom the Public Official/Employee Resides: An individual who lives in the same household as the public official or public employee.
Employment or Working Conditions: Includes but is not limited to hiring, promotion, demotion, transfer, assignment, compensation, bonuses, benefits, discipline, performance evaluation, and other terms and conditions of employment.
Supervision: Reviewing, auditing, or evaluating work; or taking part in discussions or making recommendations concerning employment, assignments, compensation, bonuses, benefits, discipline, or related matters.
3. General Prohibition
No public official or public employee of [Name of School/School District] shall knowingly and intentionally use their office or the prestige of their office for their own private gain or the private gain of another person, including engaging in nepotism.
4. Prohibitions on Influence and Participation
A public official or public employee may not influence or attempt to influence the employment or working conditions of their relative or a person with whom they reside.
To the extent possible, a public official or public employee may not participate in decisions affecting the employment and working conditions of their relative or a person with whom they reside. If they are one of several people with the authority to make these decisions, the other individuals with authority shall make the decisions.
A public official may not vote on matters affecting the employment or working conditions of a relative or a person with whom the public official resides, unless such relative or person is a member of a class of five or more similarly situated persons affected by the vote. For recusal to be effective, the official must excuse themselves from participating in the discussion and decision-making process by physically removing themselves from the room during the consideration of the matter, fully disclosing their interest.
5. Prohibition on Supervision
A public official or public employee may not directly supervise a relative or a person with whom they reside. This prohibition includes reviewing, auditing, or evaluating work, or taking part in discussions or making recommendations concerning employment, assignments, compensation, bonuses, benefits, discipline, or related matters.
This prohibition on supervision does not extend to matters affecting a class of five or more similarly situated employees.
A public official or public employee may not use a subordinate as an independent third party to circumvent supervision restrictions if the subordinate reports to the official or employee in question. This does not apply to certain elected public officials who may not lawfully delegate powers of their office.
6. Specific Restrictions
Principals: In accordance with W. Va. Code §18A-2-1(a)(2), a principal may not recommend for employment an individual who is related to him or her as defined in that statute (father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister). If a principal's relative is an applicant, the Superintendent or their designee shall handle the recommendation process for that applicant.
Board Members and Superintendents:
In accordance with W. Va. Code §61-10-15 and as may be further clarified by county policy (e.g., based on model policies like Neola 3120), specific restrictions apply to the employment of spouses and other relatives of Board members and the Superintendent. For example, the spouse of a Superintendent or a Board member may typically not be employed in any professional position except as a principal or classroom teacher.
If a Board member's spouse or other covered relative is being considered for employment, the Board member must not participate in any way in the discussion or vote and must leave the Board meeting during such discussion and vote.
If the Superintendent's spouse or other covered relative is being considered for employment, the Superintendent must not participate in any way in the discussion.
[Name of School/School District] will not employ the unemancipated children or, except for a spouse, a dependent (as per IRS criteria) of the Superintendent or any member of the Board.
When any other relative (as defined by applicable county policy or §61-10-15, e.g., parent, parent-in-law, brother, sister, brother-in-law, sister-in-law, child, son-in-law, daughter-in-law, grandparent, or grandchild) of a Board member is employed as a professional employee, the related Board member shall not participate in any way in the discussion or vote on the employment and shall leave the Board meeting during such discussion and vote. Thereafter, the affected Board member may not vote on a personnel matter involving such a relative unless the matter affects the relative as a member of a profession or occupation, or as a member of a class of at least five (5) persons. The same recusal applies to the Superintendent if their relative is employed.
7. Administration and Impartiality
[Name of School/School District], including its officials and employees, must administer the employment and working conditions of a relative of a public employee or a public official, or a person with whom the public official or employee resides, in an impartial manner.
If a situation arises where a public official or employee would normally be involved in an employment decision or supervision of a relative or a person with whom they reside, and recusal or delegation is necessary, the following steps should be taken:
The official or employee must immediately notify their direct supervisor or the Board of Education (in the case of the Superintendent or a Board Member) of the potential conflict.
The supervisor or Board will designate an impartial, qualified individual (who is not a subordinate of the conflicted individual, unless permitted by law for certain elected officials) to assume the responsibilities related to the employment decision or supervision of the relative or cohabitant.
8. Reporting Concerns
Employees and citizens who believe that this nepotism policy has been violated are encouraged to report their concerns to the [Superintendent/Designated Ethics Officer/County Ethics Liaison] or the West Virginia Ethics Commission.
9. Consequences of Violation
Violations of this policy and the West Virginia Ethics Act may result in disciplinary action, up to and including termination of employment, and may also subject the individual to penalties imposed by the West Virginia Ethics Commission, which can include fines, public reprimand, and reimbursement of costs.
10. Policy Interpretation
This policy shall be interpreted in conjunction with all applicable West Virginia state laws, West Virginia Board of Education policies, and West Virginia Ethics Commission rules and advisory opinions. In the event of a conflict, the stricter provision shall apply.
Adopted by the [Name of School District] Board of Education on [Date].
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