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HomeMy WebLinkAboutR2002-035RESOLUTION NO. (~00~-- 0'~--,~ A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED CITY POLICIES REGULATING THE NEPOTISM POLICY OF CITY EMPLOYEES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has a nepotism policy for city employees to ensure equity and propriety in the employment ofits employees; and WHEREAS, the Director of the Human Resources Department for the City of Denton has presented a revised policy regarding employee rules and regulations concerning the nepotism policy; and WHEREAS, the City Council, desires to adopt such policy as an official policy regarding employment with the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION 1. That Policy numbered 102.08 "Nepotism" of the Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated by reference herein, is hereby approved as official policy of the City of Denton, Texas, and replaces former policy 102.08. SECTION 2. That the foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. SECTION 3. That this resolution shall become effective immediately upon its passage and approval.. PASSED ANDAPPROVEDthisthe~dayof C~F)~/7~v/~/~ ,2002 EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CIq~Y SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY CITYOF DENTON PAGE 1 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: HUMAN RESOURCES REFERENCE NUMBER: 102.08 SUBJECT: EMPLOYEE APPOINTMENT IlqlTIAL EFFECTIVE DATE: 10-31-84 TITLE: NEPOTISM LAST REVISION DATE: 09/03/2002 POLICY STATEMENT: The City of Denton shall not contribute through employment, in-house advancement or transfer process, to the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 states: "No person shall be appointed to an office or be employed by the City of Denton who is related to any member of the City Council within the second degree of affinity or the third degree of consangu'mity, and this shall apply to heads of departments in their respective departments." In a department comprised of more than one operational division, an applicant related within the second degree of affinity or within the third degree of consanguinity to a City employee employed in that operational division will not be eligible for employment within the same division. An applicant for a job in a department consisting of one operational division who is related within the second degree of affinity and the third degree ofconsanguinity to an employee of the department will not be eligible for employment in that department. An applicant for a temporary or seasonal position within an operational division of the City may be eligible for the position, without regards to kinship of other employees within that operational division, as long as the period of employment does not exceed 120 days within a twelve month period. An applicant for a job in an operational division that reports to or serves as staff liaison to a City board or commission is ineligible for employment in that division if the applicant is related within the second degree of affinity or the th/rd degree of consanguinity to any member of the board. ADMINISTRATIVE PROCEDURE: For the purposes of this policy, the following shall constitute familial relationships: A. Consanguinity (Blood Relationships) 1 st Degree Mother Father Son Daughter HR/POLICY/I02.08ProposedDra~ PAGE 2 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM REFERENCE NUMBER: 102.08 2nd Degree Brother Sister Grandfather Grandmother Grandson Granddaughter 3rd Degree Great grandson Great granddaughter Great grandfather Great grandmother Uncle (your mother's or father's brother) Aunt (your mother's or father's sister) Nephew (your brother's or sister's son) Niece (your brother's or sister's daughter) B. Affinity (Marriage Relationships) 1 st Degree Spouse Step-children Mother-in-law Father-in-law Son-in-law Daughter-in-law 2nd Degree Brother-in-law Sister-in-law Grandfather-in-law Grandmother-in-law Grandson-in-law Granddaughter-in-law HPJPOLICY/lO2.08ProposedDraft PAGE 3 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM REFERENCE NUMBER: 102.08 IV. Operational divisions" within a department will be determined by that department's organizational chart and are not necessarily equivalent to a department's budgetary divisions. An applicant shall be required to list all relatives related within the third degree of consanguinity and within the second degree of affinity who are employed by the City or serving on a board or commission on his or her apphcation for employment. Failure of an applicant to list all applicable relatives employed the City or serving on a board or commission shall result in the disqualification of the applicant for which he or she has applied. No current employee may be appointed or promoted to any supervisor's span of responsibitity who is related within the second degree of affinity or the third degree of consanguinity to that supervisor. V. hi the event of promotion or marriage between two City employees, the following shall apply: If the affected employees are employed in different departments or different operational divisions of a department, those employees may remain with the City and their job positions will remain unaffected by the marriage or promotion. At the discretion of the department director, married employees may remain and work in the same division or department provided that one is not directly reporting to the other and neither is in the same chain of command. The affected employees may report to the same director. If however, the affected employees are unable to meet these criteria, then one must seek a transfer to another division of that department or another department._ This decision shall be made and agreed upon by those employees involved. An employee seeking a transfer will be considered for any City position for which he is qualified but cannot remain in the existing division for more than six (6) months. Qualifications being equal, the transferring employee shall be given preferential treatment. If a suitable position cannot be found by the end of this period, one of the two must terminate or be subject to reassignment if another position is available. Reassignment is subject to the discretion of the City Manager and the individual's skills and qualifications. VI. BOARDS AND COMMISSIONS If employee is already employed with the City of Denton, then the employee is not required to transfer or resign upon the appointment of a relative to a board or commission. However, an applicant of a relative of an existing board member or member of a commission is not eligible for employment in the operational division, which serves as the liaison to the board or commission. If the City institutes a reorganization that changes operational divisional or departmental boundaries, and an employee would then be working within the same operational division as, or supervising, a member of his/her immediate family, one of the affected employees must transfer to another operational division. The six (6) month period to arrange a transfer may be extended in 30- HPJPOL[CY/102.08Proposed Draft PAGE 4 OF 4 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: NEPOTISM I REFERENCE NUMBER: 102.08 day increments with the approval of the City Manager, the department director, and the supervisor. The extension shall not exceed 90 calendar days. Ifa transfer is not possible, one of the employees will be subject to mandatory reassignment. If this is not possible, one of the employees will be subject to dismissal. The determination of which employee shall be reassigned or terminated will be based upon the business interest of the operational division. For purposes of definition, immediate family applies to the second degree of consanguinity and to the second degree of Temporary and seasonal employees of the City of Denton shall be partially exempt in that two or more members of the same family who are related within the second degree of affmity and third degree of consanguin/ty may be employed within the same operational division as long as the following apply: A. No more than one of the related employees may be a regular (non-temporary and non- seasonal) employee ofthe operational division. The related employees may not be in a direct reporting relationship with each other, a second level report, or responsible in any manner for the scheduling, discipline, or work assignments for each other; and, C. The temporary and seasonal employees may not be employed by the operational division for a period lasting longer than 120 calendar days within a twelve-month period. HR/POLICY/102.08Proposed Draft