The employment of relatives in the same organization or in the same area of an organization may cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried into day to day working relationships.
A. Hiring Of Relatives:
1. With respect to the employment of relatives, state law prohibits the hiring of relatives under certain circumstances (chapter 3 of title 52, Utah Code Annotated). The city has adopted an ordinance which implements the minimum requirements of state law and also adopts additional rules, beyond the minimum requirements of state law, regarding the hiring of relatives. (See Ogden municipal code section 2-6-15.)
2. In addition to the minimum requirements of state law, it is unlawful, under city ordinance, for the mayor, chief administrative officer or a department director to knowingly appoint any prospective officer or employee, who is a relative of the mayor or chief administrative officer, to a position of employment within the city, or for a department director to knowingly appoint any prospective officer or employee who is a relative of the department director to a position of employment within that director's department. It is also unlawful for the mayor, chief administrative officer or a department director to knowingly appoint any prospective officer or employee to a position of employment within the city when the officer or employee will be directly supervised by a relative.
3. "Relative", for purposes of the ordinance prohibitions, means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, niece, nephew, first cousin, mother-in- law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, grandchild, half-brother or half-sister to the prospective officer or employee. Relative, for purposes of the additional policies or restrictions adopted under this city policy, shall also include stepchildren, stepsiblings or stepparents.
4. Applicants for employment, promotions and transfers shall be required to disclose any familial relationships with other employees of the city. It shall be grounds for immediate discharge if such applicant wilfully withholds or gives false information regarding such familial relationships.
5. Employees should also understand that violations of state laws and city ordinances regarding nepotism are misdemeanors. Employees with questions about the provisions of state law or city ordinance, and the provisions of this policy, may contact their department director or the human resources office of the city.
B. Relatives Within Division:
1. Effective July 1, 2006, it is a violation of city policy for any two (2) relatives to be assigned to work in: a) the same bureau or squad within the police department; b) the same twenty four (24) hour shift within the fire department; or c) the same division within any other city department, except as provided for in subsection B2 of this section.
2. Unless there otherwise exists a personal conflict as described in subsection C of this section, the following exceptions apply:
a. Relatives may be assigned to work in the same division as long as they are assigned to different operating units within that division, e.g., streets and solid waste within the division of public ways and parks, and no supervisory relationship exists between the employees.
b. Relatives may be assigned to work as school crossing guards in different locations. When necessary to meet staffing needs, related crossing guards may work at the same location.
c. Relatives may be assigned to work occasional extra duty periods of two (2) to twenty four (24) hours to meet the staffing needs of the fire department. These assignments shall be voluntary and not part of an employee's permanent shift assignment. The shift commander during that period of time shall not assign the relatives to the same station and/or crew.
d. Assignments pursuant to this subsection B2 require prior written approval by the department director.
3. Relatives found to be working together in violation of this subsection will be separated by reassignment or terminated from employment. Previously unrelated employees who become relatives by a marriage occurring during the course of employment with the city are subject to the prohibitions of this subsection. Employees are required to notify their immediate supervisor and the human resources office if they are assigned to work with a relative in violation of this subsection. This subsection shall be applied prospectively from the effective date of this policy, and shall not require reassignment of relatives who were currently assigned to work together as of the effective date, unless there otherwise exists a personal conflict as described in subsection C of this section. Notwithstanding the above, the CAO may grant permission for particular relatives to work together on a temporary basis for short periods of time, provided it is not unlawful, if the CAO deems it necessary to meet the city's short term staffing needs.
C. Personal Conflicts: As with other management rights to set work standards and rules, in cases where a conflict or the potential for conflict in the work force arises, including, but not limited to, romantic or dating relationships, familial relationships or other relationships which may impact the workplace, even if there is no supervisory relationship involved, the parties may be separated by reassignment or terminated from employment. A conflict may exist when a department director determines that a relationship between two (2) employees interferes with the ability to effectively direct work assignments within the department or interferes with the performance of work in a manner which fails to meet the standards and expectations reasonably associated with the job functions and work assignments of employees. Romantic or dating relationships between a supervisor and a subordinate are prohibited. (Adm. Order 2015-3, 6-2-2015)