To understand how nepotism laws might apply in Texas, it`s helpful to get clarification on the parameters. For example, anti-nepotism laws prohibit government agencies from hiring close relatives of civil servants. Nor may a public official appoint or participate in a vote or confirmation of a close relative of a remunerated public office. But what does “close” mean? 1616 Guadalupe St. UTA 2.206 Austin, Texas 78701-1204 Phone: 512-232-7055 Fax: 512-232-3722 Email: compliance@austin.utexas.edu diagrams illustrating which parents are affected by nepotism rules are included in the Staff Library Labour Law topic and in the DBE exhibition (registration required for membership). Nepotism has age-old roots, as does criticism of practice. Texts from the time denigrate the granting of favors to close relatives by those in power as unethical. Despite this long-standing disapproval, nepotism remains such a big problem that there are laws that prohibit it, especially in the political context. School districts and other officials who have the authority to appoint or employ parents are subject to Texas nepotism rules. The Texas Government Code prohibits employment to a person who is related to an “official” by third-degree blood (consanguinity) or by marriage (affinity) to the second degree (Tex Gov`t Code § 573.002 and § 573.041).
For nepotistic purposes, a school district official is defined as a member of the school board or a representative of the school district. These restrictions apply to the hiring of contract and non-contract staff. For more information on nepotism rules, including whether a parent can be hired if a counselor resigns and the consequences of violating the nepotism prohibition, see the TASB School Law eSource FAQ, Conflicts of Interest: Nepotism. If you have any questions about the University`s Policy Office or the Operating Procedures Manual (HOP), please contact: Betty Brooks, Assistant Compliance Officer and Policy Program Manager, by phone at (512) 471-0426 or by email at Betty.Brooks@austin.utexas.edu. It should also be noted that while the law prohibits any action in cases of nepotism conflict, it does not require documentation of the conflict or specification of specific steps. Most districts require applicants to disclose if they have a parent who is a board member or district employee, the parent`s name and relationship. This pre-recruitment survey will help determine if nepotism applies. Ultimately, the facts of each case decide whether there is a conflict of nepotism, and much depends on who has the hiring power. In order to avoid any risk of conflict, the intervention of reliable legal counsel is an advantage. Depending on the population of the district and the county`s delegation of hiring authority, the term public servant could include school board trustees, the superintendent and sometimes both. To the extent that a board delegates to the Superintendent the final hiring authority for certain positions, the Superintendent is also an agent of public nepotism. For school districts in counties with a population of less than 35,000, the board is not subject to nepotism laws for positions where final hiring authority has been delegated to the superintendent.
§.1 Legal Requirement. Chapter 573 of the Texas Government Code prohibits public officials from appointing a person to a position remunerated directly or indirectly by public funds or office expenses if the person is related to the second-degree official by affinity or third-degree by consanguinity. All levels of government, from the federal government to the state to the municipality, and all the paid people who serve them, are subject to countless laws. Violations of the law can not only tarnish the reputation of public servants convicted of this practice, but also undermine public trust and the authority and integrity of government. 1. An officer of that state or county, county, municipality, district, school district or other political subdivision of that state; 2. An officer or member of a board of directors of that state or county, county, municipality, school district or other political subdivision of that state; or 3. judge of a court established by or under the law of that State. The Handbook of Business Procedures (HBP) contains the tax policies and procedures for financial matters at the University of Texas at Austin. The purpose of the HBP is to provide departments with information and advice on how to properly address financial matters. The HBP is divided by process into several broad areas, called Parts Texas Government Code, Chapter 573 – Nepotism Prohibitions (a) Two people are related by consanguinity if: Information and advice on technological resources available to the University. This includes guidelines, standards, guidelines, IT-related construction standards and other IT-related documents.
The University of Texas UTS 120 System-Wide Policy, Travel Policy for Spouses of Public Officers – defined in Section 573.001(3) of the Texas Government Code as: Policies can be found in a variety of locations around the university. Here are some of the most common policies and procedures. Districts may impose additional restrictions on hiring or monitoring parents. If these provisions are adopted, they will generally be described in the DK (LOCAL) Directive. Local policy can identify positions that are subject to constraints, parent definitions, exceptions, and other details. Districts looking to add local restrictions should contact their policy advisor for support and a sample language. The law does not always apply. For example, leaders of cities with fewer than 200 inhabitants are not subject unless a local charter of autonomy, ordinances or personnel policies provide otherwise. As mentioned above, the prohibitions only apply if the position in question is a paid position. § 2 System requirements.
Although the appointment of a person would not be prohibited by the Texas Government Code, no employee of the University of Texas system or of any of the institutions may approve, recommend or otherwise act on the appointment, renewal, promotion or salary of any person associated with that employee as described in Section 2.4 or 2.5, regardless of the source of funds for salary payments. This provision also applies to persons hired as private contractors. Office of the General Counsel Office of Human Resources The Office of University Policy (UPO) is an administrative unit responsible for the strategic design and implementation of the Higher Education Policy Management Program. The UPO coordinates policy lifecycle management with key policy owners and manages the policy library and the Handbook of Operating Procedures (HOP) website. 1. one is a descendant of the other; or 2. They have a common ancestor. 2.1 Supervision. If the appointment, reappointment or promotion of a person places him under the authority of an administrative supervisor who is related to the specified degree, all subsequent actions relating to the assessment, reappointment, promotion or salary are the responsibility of the next executive to conduct a written review of the employee`s job performance at least once a year and to approve or reject any review for approval, or rejection by the institution`s Chief Human Resources Officer in the case of classified staff or the Registrar or President in the case of faculty or unclassified staff. The HOP contains the university`s government guidelines. These policies link the University`s mission to the day-to-day actions of its community, clarify the University`s expectations of its individual members, mitigate institutional risks, increase efficiency, and support the University`s compliance with laws and regulations. The guidelines contained in the HOP govern the function of administrative operations or academic activities, but do not include educational policies developed by faculty legislation.
Affinity – relationship through marriage. According to Section 573.024 of the Texas Government Code, two persons are related by affinity if: 2.4 Blood Relationship.
