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Handbook of Operating Procedures
Chapter 4 - Personnel-General
Publication Date: August 4, 2010
Responsible Executive: VP for Business Affairs


4.03 Appointment of Relatives (Nepotism)


POLICY STATEMENT


Employment of certain relatives of a member of the Board of Regents in any capacity is prohibited by the Board of Regents’ Rules and Regulations and state law.  

Relatives of existing employees of The University of Texas at San Antonio (UTSA) may be hired, but neither relative may supervise the other nor be involved in any way with the appointment, salary, or promotion of the other within the second degree by affinity or within the third degree by consanguinity regardless of the source of funds for the payment of salary as stated in Texas Government Code § 573.002.   This provision also includes individuals hired as private contractors. 


RATIONALE


To provide for the appointment of relatives of employees to ensure that personnel actions are in compliance with The University of Texas System (UT System) Board of Regents’ Rules and Regulations Section 30106 and Texas Government Code § 573


SCOPE


This policy applies to all UTSA employees and applicants for employment.


WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4-3.html


RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents Rules & Regulations        

Other Policies & Standards         


CONTACTS


If you have any questions about HOP policy 4.03, Appointment of Relatives (Nepotism), contact the following office:

Human Resources
210-458-4648
hr@utsa.edu



DEFINITIONS


Affinity as defined in Texas Government Code § 573.024:
Relationship by marriage: Two individuals are related to each other 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. The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.  The degrees of affinity are:

  1. First degree is the employee's spouse, father-in-law, mother-in-law, son-in-law, daughter-in-law, step-parent, or step-child.
  2. 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.

Consanguinity as defined in Texas Government Code § 573.022
Relationship by blood or origin: Two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. The degree of relationship by consanguinity between an individual and the individual's descendant is determined by the number of generations that separate them. The degrees of consanguinity are:

  1. First degree is the employee’s father, mother, son, or daughter. For the purpose of this policy, an adoptive child is considered to be a child of the adoptive parent.
  2. Second degree is the employee’s brother, sister, grandfather, grandmother, grandson, or granddaughter.
  3. 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.

Purchasing personnel
Employee of a state agency who makes decisions on behalf of the state agency or recommendations regarding:

  1. contract terms or conditions on a major contract;
  2. who is to be awarded a major contract;
  3. preparation of a solicitation for a major contract; or
  4. evaluation of a bid or proposal.



RESPONSIBILITIES


Applicant        

  • Discloses relationships on application for employment

Employee        

  • Discloses any relationship that would be prohibited by this policy

State Agency

  • Must disclose certain family relationships with business entities receiving certain state agency contracts



PROCEDURES


  1. All Personnel
    No employee of UTSA 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 this policy.
  2. Supervision
    If the appointment, 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 supervisor.
  3. 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.
  4. Marriage
    The provision of Section B of this policy shall apply to situations where two employees marry and one spouse is the supervisor of the other.
  5. Private Contractor
    The State of Texas Attorney General has issued an opinion letter indicating that nepotism law also applies to individuals hired as private contractors.
  6. Disclosure Required for Purchasing Personnel
    State agency purchasing personnel must disclose certain family relationships with business entities receiving certain state agency contracts as stated in Texas Government Code §2262.004. Before a state agency may award a major contract for the purchase of goods or services to a business entity, each of the state agency's purchasing personnel working on the contract must disclose in writing to the administrative head of the state agency any relationship the purchasing personnel is aware about that the employee has with an employee, a partner, a major stockholder, a paid consultant with a contract with the business entity the value of which exceeds $25,000, or other owner of the business entity that is within a degree described by Texas Government Code § 573.002.

    The form for use by purchasing personnel of a state agency to disclose information regarding certain relationships with, and direct or indirect pecuniary interests in any party to a major contract with the state agency prior to the award of a major contract, was developed by the State Auditor and can be found on the State Auditor’s website at http://www.sao.state.tx.us/resources/forms/NepotismDisclosureForm.pdf.
    Applies to an institution of higher education as defined by the Texas Education Code, § 61.003. Applies only to a contract awarded or extended on or after September 1, 2005.

  7. The following procedure will be followed at UTSA:
    1. Requests for approval of the appointment of relatives must include a justification for the appointment containing a statement that a reasonable recruiting effort was made to fill the position and such effort provided the candidate affected by the nepotism rule as the person best qualified to perform the job.  The qualifications of the person to be recommended for appointment must be provided to establish his or her ability to perform the work required by the position.  The request to appoint, together with supporting information, must be submitted through the appropriate management chain and to the President for approval before any offer of employment is made.
    2. Any UTSA employee whose work is supervised by a relative to a degree stipulated in the Regents' Rules and Regulations must have his or her work reviewed and evaluated by the next highest supervisor not related by affinity or consanguinity.  This review shall be in writing and must be forwarded annually with the operating budget to the President.