Policy Code: BBFA
Adoption Date: Tuesday, August 25th, 2009
Review Date: Tuesday, December 16th, 2014
It is unlawful for any person holding any position, the compensation for which is paid out of public funds, to employ, appoint, or vote for the appointment of his or her father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law in or to any position or employment, when the salary, wages, pay or compensation of such appointee is to be paid out of any public funds. It is unlawful for such appointee to accept or to retain such employment when his initial appointment thereto was made in contravention of the foregoing sentence by a person within the degrees of consanguinity or affinity therein specified having the direct power of employment or appointment to such position, or by a board or group of which such person is a member. Utah Code (52-3-1)
A Board member who does not employ, appoint or vote for the appointment of persons within the enumerated degrees of consanguinity or affinity does not violate the nepotism law. Board members may abstain from voting when a person identified in #1 is being recommended for hire or a contract obligating district funds is being awarded.
No employee shall be directly supervised or evaluated by a relative. Family members as described in #1 may not be employed under the same immediate supervisor.
In the event of a lack of candidates, a need for specialized skills or unique circumstances, the restriction against hiring relatives may be waived in the best interest of the district upon recommendation of the Superintendent and appropriate administrator or director, and upon approval of the Board.
Seasonal employees or specific task assignments of short duration may be exempt from these guidelines.
The Board will not purchase supplies, equipment, or personal services from any member of the Board, or from any employee of the Board, or from a firm or corporation in which a Board member or an employee has a significant interest unless such purchases are made on the basis of bids or quotations. Members may submit bids when formal bids are requested but cannot vote to award contracts under such bids.
Employees hired prior to adoption of this policy are exempt from the guideline except when determined otherwise by the Board or Superintendent.