Document Type: Regulation Number: 2.20a
Legal References: I.C. § 18-1359
EMPLOYMENT OF RELATIVES
Relatives of a current employee will only be considered for employment on the basis of their qualifications. Additionally when the employment of an employee’s relative results in the types of prohibited employment relationships identified in this regulation, the employment is prohibited. This regulation applies to all new hires and current employees.
II. PROHIBITED EMPLOYMENT RELATIONSHIPS
Employment of relatives is prohibited if the employment results in the creation of:
A. A supervisor/subordinate or managerial relationship between a relative and an employee. This includes but is not limited to hiring, promotions, demotions and transfers.
B. A conflict of interest. Generally, this bars the hiring or employment of an employee's relatives in any position that has an auditing, financial or control relationship to the employee's job.
For purposes of this regulation, unless otherwise noted, relatives include the following: spouse, parent, child, sibling, in-law, grandparent, grandchild, aunt, uncle, cousin, step-relative, or any individual with whom an employee has a close personal relationship, such as a domestic partner, co-habitant, or significant other.
Employees who marry or establish a close personal relationship can continue in their current positions as long as a prohibited employment relationship is not created.
Employees and supervisors are expected to disclose relationships covered by this policy whenever they come into existence. Failure to provide such disclosure can lead to discipline up to and including termination.
III. PROCESS IF A PROHIBITED RELATIONSHIP EXISTS
If a prohibited relationship does exist or occur, practical attempts will be made to find an open position that one of the employees can transfer into. However, if this is not feasible, the employees will be permitted to determine which of them will resign. If neither elects to resign the City will determine which employee will remain with the City.
IV. COVERED EMPLOYMENT CLASSIFICATIONS
This policy applies to hiring and employment decisions affecting all job classifications, including regular, temporary, part-time, and seasonal positions. These restrictions also are applicable when assigning, transferring, or promoting an employee.
V. MAYOR OR COUNCIL MEMBER RELATIVES
No person related to the Mayor or a City Council member by blood or marriage within the second degree shall be appointed to any clerkship, office, position, employment or duty with the City of Boise when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds. The term “within the second degree” includes spouse, parent, child, sibling, in-law, grandparent, grandchild or as defined by law.
An employee of the City holding a position prior to the election of a City official, who is related within the second degree, shall continue to be eligible to retain his or her position and receive general pay increases, step increases, cost of living increases, and/or other across the board increases in salary or merit increases, benefits and bonuses or promotions.
Nothing in this section shall be construed as creating any property rights in the position held by an employee subject to this section, and all authority in regard to disciplinary action, transfer, dismissal, demotion or termination shall continue to apply to the employee.
VI. ENFORCEMENT OF POLICY AND REGULATION
Employees who become subject to this policy's provisions due to marriage or commencement of a close personal relationship shall inform their supervisor or Human Resources as soon as practical.