4.15.11 Appointment of Relatives (Nepotism Rule)

A. Purpose

The purpose of this policy is to set forth guidelines for the appointment of relatives and to ensure that personnel actions are in compliance with established rules and regulations.

B. Authority/Persons Affected

Texas Government Code Chapter 573 

Rule 30106, of the Rules and Regulations

The University of Texas System Administration Policy UTS120, Spousal Travel Policy

Persons affected: All employees

C. Definitions

Affinity – relationship by marriage. According to Texas Government Code Section 573.024, two individuals are related by affinity if:

  1. they are married to each other; or
  2. the spouse of one of the individuals is related by consanguinity to the other individual.

Consanguinity – relationship by blood or origin. According to Texas Government Code Section 573.022:

  1. Two individuals are related to each other by consanguinity if:
    1. one is a descendant of the other; or
    2. they share a common ancestor.
  2. An adopted child is considered to be a child of the adoptive parent for this purpose.

Public official – defined in Texas Government Code Section 573.001(3) as:

  1. An officer of this state or of a district, county, municipality, precinct, school district, or other political subdivision of this state;
  2. An officer or member of a board of this state or of a district, county, municipality, school district, or other political subdivision of this state; or
  3. a judge of a court created by or under the statute of this state.

D. Policy and Procedures

Employment of certain relatives of a member of the Board of Regents in any capacity generally is prohibited by the Regents’ Rules and Regulations and state law. A U.T. Tyler employee may hire a relative; however, neither relative may supervise the other nor be involved in any way with appointment, salary, or promotion of the other.

The nepotism rule is set forth in Rule 30106, of the Rules and Regulations of the Board of Regents, and is reproduced below:

“2. Rule and Regulation
Sec.1 Statutory Requirement. Texas Government Code Chapter 573 prohibits public officials from appointing any individual to a position that is to be directly or indirectly compensated from public funds or fees of office if the individual is related to the public official within the second degree by affinity or within the third degree by consanguinity.

Sec. 2 System Requirement. Even though the appointment of a person, would not be prohibited by the Texas Government Code, no employee of The University of Texas System or any of its institutions may approve, recommend, or otherwise act with regard to the appointment, reappointment, promotion, or salary of any person related to such employee as outlined in Sections 2.4 or 2.5 regardless of the source of funds for the payment of salary. This provision also includes individuals hired as private contractors.

2.1 Supervision. If the appointment, reappointment, or promotion of a person places him or her under an administrative supervisor related within the specified degree, all subsequent actions with regard to the evaluation, reappointment, promotion, or salary shall be the responsibility of the next highest administrator to make a written review of the work performance of such employee at least annually and to submit each review for approval or disapproval by the institution’s Chief Human Resources Officer in the case of classified employees or the Chancellor or the president in the case of faculty or non-classified employees.

2.2 Promotion. If the appointment, reappointment, or promotion of a person places him or her in an administrative or supervisory position with responsibility to approve, recommend, or otherwise act with regard to reappointment, promotion, or salary of a person who is related to them within the above degree specified, all subsequent actions regarding the evaluation, reappointment, promotion, or salary of such person shall be made by the next highest supervisor.

2.3 Marriage. The provision of Section 2.1 of this Rule shall apply to situations where two employees marry and one spouse is the supervisor of the other.

2.4 Relationship by Blood. Relationship by blood (consanguinity) as determined by Texas Government Code Chapter 573:

(a) First degree is the employee’s father, mother, son, or daughter.
(b) Second degree is the employee’s brother, sister, grandfather, grandmother, grandson, or granddaughter.
(c) Third degree is the employee’s uncle or aunt (who is a brother or sister of the employee’s parent), nephew or niece (who is a child of the employee’s brother or sister), great grandfather, great grandmother, great grandson or great granddaughter.

2.5 Relationship by Marriage. Relationship by marriage (affinity) as determined by Texas Government Code Chapter 573:

(a) First degree is the employee’s spouse, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, or stepchild.
(b) Second degree is the employee’s brother-in-law (sister’s spouse or spouse’s brother), employee’s sister-in-law (brother’s spouse or spouse’s sister), spouse’s grandfather, spouse’s grandmother, spouse’s grandson, spouse’s granddaughter, spouse of the employee’s grandparent, or spouse of the employee’s grandchild.”

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  07/01/2008

LAST AMENDED:  04/22/2009

REVIEWED:  AY 2014-15