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HomeMy WebLinkAbout300-09POLICY & PROCEDURE Subject: Anti-Nepotism Index: Human Resources & Risk Management Number: 300-09 Effective Date: 1/20/2021 Supersedes: 10/24/2019 Page: 1 of 4 Staff Contact: Ellen Bradley-Mak Approved By: 1.0 PURPOSE: To establish policy regarding the employment of immediate relatives in order to assure the reality and appearance of fairness in the best interest of the City. 2.0 ORGANIZATIONS AFFECTED: All departments/divisions. 3.0 REFERENCES: WAC 162-16-250 4.0 POLICY: 4.1 It is the City’s policy to not hire, promote, or reassign (collectively “Transfer” as such term is further defined herein) Relatives if doing so would create any of the following circumstances: 4.1.1. One of the Relatives would have the authority or be in a position to supervise, hire, remove, or discipline the other; or 4.1.2. One of the Relatives would be responsible for auditing or evaluating the work of the other; or 4.1.3. One of the Relatives would work in the direct chain of command of the other; or 4.1.4. Other circumstances exist which would place the Relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own. Policy 300-09 Anti-Nepotism p. 2 4.2 The following restrictions apply to all employees: 4.2.1. No employee may directly influence or create an appearance of influence over City decisions related to their Relative’s: job performance, change in job duties, job assignment, promotion, demotion, discipline, layoff, hiring, or firing. 4.2.2. No employee may directly influence or create an appearance of influence over any investigation into a complaint of misconduct to which their Relative: is a witness, complainant, subject of the investigation, or involved in conducting the investigation. This restriction does not prevent an employee from making a complaint against or serving as a witness in the investigation of a complaint made against their Relative. 4.2.3. No employee may attempt to directly or indirectly leverage their relationship with a Relative in the performance of their employment or with regard to any official City business. 4.2.4. No employee may retaliate against another for decisions made or actions taken in matters for which the employee was prohibited by this Section from influencing. 4.2.5. No employee may encourage or request another employee to violate any of the restrictions in this Section. 4.3. This policy applies to all individuals employed by the City of Renton. Failure to comply with this policy may result in disciplinary action up to and including termination from City employment. 5.0 DEFINITIONS: 5.1. “Relative” means: 5.1.1. Parent, including step-parents 5.1.2. Child, including step-children and foster children 5.1.3. Grandparent 5.1.4. Grandchild 5.1.5. Sibling, including step-sisters and step-brothers 5.1.6. Niece or nephew 5.1.7. Aunt or uncle Policy 300-09 Anti-Nepotism p. 3 5.1.8. First cousin 5.1.9. Spouse 5.1.10. Spouse’s relatives listed in 5.1.1 through 5.1.9 5.1.11. Domestic partner 5.1.12. Domestic partner’s relatives listed in 5.1.1 through 5.1.9 5.1.13. Residents of the same household 5.1.14. The persons in a consensual dating relationship 5.2. “Transfer” means establishing circumstances in which employees occupy a position in a line of authority in which they can initiate or participate in decisions involving a direct benefit to a Relative. Such decisions include hiring, retention, assignment, promotion, wages, and leave requests. 6.0 PROCEDURES: 6.1. Request for Transfer of Relatives If a department wishes to Transfer a known Relative, the Department Administrator shall submit a written request to the HRRM Administrator explaining why the requested arrangement does not create a conflict with the restrictions stated in 4.1.1. through 4.1.4 of this policy and is in the best interest of the City. The HRRM Administrator will make a recommendation on the Transfer request to the Mayor or designee. Any potential conflicts shall be brought to the Mayor’s attention along with an explanation for what measures would need to be taken to avoid foreseeable conflicts as contemplated by Section 6.6. 6.2. Relationship Occurring During Employment When a Relative’s relationship, as defined in Section 5.1, is created during the time when both involved employees work for the City, the two employees may remain in their existing positions only if they are not in conflict with the restrictions stated in 4.1.1 through 4.1.4 of this policy. If a conflict with such restrictions is created by the new relationship, the City will attempt to arrange a reassignment or change in position for one of the employees. If a suitable reassignment/change in position is not available, one of the employees will be separated from City employment. A reasonable attempt will be made to effect a reassignment, change of position, or separation on the basis of agreement between the involved employees and the City. If a mutual agreement is unattainable, the Mayor or their designee, in consultation with Human Resources will determine, based on the best interest of the City, which Policy 300-09 Anti-Nepotism p. 4 employee will be offered a reassignment, change in position, or separation from employment. 6.2.1. Regardless of direct reporting relationships and chain of command, a potential conflict is presumed in the event of the following positions being filled by someone with a Relative in the City’s employ: *Administrative Services Administrator *Chief Administrative Officer *City Attorney *Human Resources & Risk Management Administrator 6.3. Temporary Conflict Not Subject to Repetition If Relatives employed by the City come into a circumstance that would create a temporary conflict with the restrictions stated in 4.1.1 through 4.1.4 of this policy and that temporary conflict is not subject to repetition, both Relatives shall disclose the conflict to their Department Administrator(s), recuse themselves from the circumstance, and refrain from influencing the outcome. For all other conflicts, the provisions of 6.2 shall apply. 6.4. Relatives of City of Renton Elected Officials Relatives of Elected Officials currently serving an office for the City of Renton can not be hired into City employment due to the nature of the Elected Official’s role and influence over City operations. 6.5. Determination of Conflict The Mayor or their designee will make the final determination as to whether or not there exists a situation of conflict with the restrictions stated in 4.1.1 through 4.1.4 of this policy. 6.6. Avoidance of Foreseeable Conflicts or Appearance of Conflicts If the circumstances of a Transfer would not clearly create a conflict with the restrictions stated in 4.1.1 through 4.1.4 of this policy, but could create an appearance of conflict or risk of foreseeable conflicts due to anticipated incidental or rare occurrences of the circumstances described in Section 4.1 of this Policy, the Mayor or designee may approve the Transfer upon finding that such circumstances can be avoided by infrequent duty reassignments or temporary job modifications. Such reassignments or temporary job modifications should be designed to allow impacted employees to comply with Section 4.2 of this policy without materially altering the employees’ essential job functions and without unduly impacting the City’s services.