(A) Nepotism defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NEPOTISM. The practice of giving preferential treatment in areas of employment, including, but not limited to, selection, benefits, pay, promotion, and discipline, to an employee’s spouse, children, parents, siblings, grandparents, grandchildren, aunts, uncles, first cousins, and all like relations of the employee’s spouse (“near-relatives”), and any former spouse(s), or unrelated persons sharing a spousal relationship.
(B) Nepotism prohibited. The practice or appearance of nepotism is prohibited.
(C) Prohibited practices. Near-relatives, former spouses, and unrelated persons sharing a spousal relationship shall not work in the same department when there is a supervisory relationship between them. Any problem arising from the situation should be referred by the department head or to the City Manager for review. Near-relatives, former spouses, or unrelated persons sharing a spousal relationship cannot fill or be promoted into a position which requires supervision by a near-relative, into a position which requires supervision by a near-relative, a former spouse, or unrelated persons sharing a spousal relationship. Neither shall any elected official or city employee give employment as clerk, deputy, or assistant, or other class of departmental employee, to any near-relative, former spouse, or unrelated person sharing a spousal relationship when that person’s compensation is to be paid out of public funds. This provision shall not apply where the compensation of the clerk, deputy, assistant, or other employee shall be less than $600 per year pursuant to NMSA § 10-1-10.
(D) Change in relationships. When there is a change in assignment or relative relationships among city employees which leads to the supervision of or by other near-relatives, former spouses, or unrelated persons sharing a spousal relationship, or a violation of NMSA § 10-1-10, the employee must inform the department head in writing within 5 working days. The department head must transmit the letter and a recommended course of action to the City Manager within 5 working days of receipt of the letter. The City Manager will arrange for the transfer of 1 of the employees in question and will officially notify those involved within 10 working days. Any employee not submitting a letter indicating a change of relationship will be disciplined. If no position exists to which 1 of the employees can be transferred, 1 of the employees will be dismissed.
(1981 Code, § 20-29) (Ord. 823, passed 1-22-1991)