Nepotism Procedural Directive

The following procedural directive outlines Albuquerque Public Schools procedures to avoid nepotism in any and all of its operations and hiring practices.

For purposes of this procedural directive, “nepotism” means an Albuquerque Public Schools supervisor hiring any of their family members.

For purposes of this procedural directive, “family member” means a person who is a spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, ward, brother, brother-in-law, sister or sister-in-law of the Albuquerque Public Schools employee.  Family members shall also include any individual residing in the employee’s household at the time of hire.

For purposes of this procedural directive, “supervisor” means the person having responsibility for daily supervision and/or for evaluating the job performance of an employee of the district.  This includes, but is not limited to, all superintendents, directors, principals, district coordinators, administrative supervisors, staff coordinators, school police investigators, maintenance and operations supervisors, technical assistants, executive secretaries, cafeteria supervisors, head custodians and cook mangers.

Hiring Practices
Albuquerque Public Schools shall not initially employ or approve the initial employment in any capacity a person who is a family member of a Board of Education member, the superintendent, or the individual responsible for the hiring of that family member.

Supervisors shall be excluded from all hiring, employment and assignment decisions regarding their family members.  Applications for employment with Albuquerque Public Schools shall include an area for applicants to disclose any family members and their relation who currently work for Albuquerque Public Schools.

Supervision
Albuquerque Public Schools employees shall not be the supervisor of any family member.  Albuquerque Public Schools employees shall not be assigned in any position under the supervision of a family member.

In the event that an Albuquerque Public Schools employee’s family member is placed in an area of supervision, the family member shall be assigned in a position that is removed from the administrator’s area of immediate supervision.

Employment Assignments and Transfers
Upon receipt of a candidate packet, a supervisor must confirm with a signature that no candidate included in the packet is a family member of the supervisor.
An individual may not serve on a hiring committee if one of the applicants to be interviewed is their family member.

When a candidate interviews for a position in Albuquerque Public Schools, the candidate shall disclose the name, position, and location of any family member who currently works for Albuquerque Public Schools.  Albuquerque Public Schools supervisors shall not initially employ a family member of a current employee in the same department and/or school.

All employee request forms shall have an area for information regarding if the applicant is related to any employee currently working at the department/school.
Albuquerque Public Schools administration shall place family members who are concurrently employed in the same department/school of Albuquerque Public Schools in separate departments/schools, separate offices, separate work crews, and/or separate sites as soon as practical.

Albuquerque Public Schools’ employees that are in a position which is non-compliant with this procedural directive shall be transferred as soon as practical to a vacancy for which he/she is qualified.  Events that cause non-compliance include, but are not limited to, marriage and school district reorganization.

Reporting
The executive director of Human Resources, or his/her designee, shall monitor all hiring, employment and assignment activities in the district to ensure compliance with this procedural directive.  The director of Staffing and Employee Relations shall compile a report of all family members working in the district and deliver it to the executive director of Human Resources and superintendent at least twice yearly.

Violations
Employees of Albuquerque Public Schools shall immediately report any observation of a violation of this procedural directive to the executive director of Human Resources.  The executive director of Human Resources shall investigate the allegations and take appropriate action.

If employees of Albuquerque Public Schools wish to remain anonymous, they may use whistle blower procedures to report any observation of a violation of this procedural directive.

Appeals
The Board of Education may waive this procedural directive for family members of the superintendent. The superintendent, or his/her designee, may waive this procedural directive for family members employed at the same department/school of Albuquerque Public Schools.

Exceptions to this procedural directive shall only be granted when it is in the best interest of the district.

All appeals shall be submitted in writing to the executive director of Human Resources.  The executive director of Human Resources shall investigate the appeal and make a recommendation to the superintendent for final approval or denial of the appeal.  Waivers may only be granted if a formal appeal has been submitted in writing by the employee(s) and their supervisor to the executive director of Human Resources.

Administrative Position: Executive Director of Human Resources

Department Director: Director of Staffing and Employee Relations

References:

Legal Cross Ref.:

• §22-5-6 NMSA 1978
• §22-8B-10 NMSA 1978

Board Policy Cross Ref.: G.18 Nepotism

Procedural Directive Cross Ref.:

• Employee Handbook
• Conflict of Interest Procedural Directive

NSBA/NEPN Classification: GB

Approved: April 16, 2010
Suspended: May 14, 2010