Nepotism and the Supervision of Family Members

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Nepotism and the Supervision of Family Members

• The New Requirements of LB 322

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• LB 322 passed during 2009 Session
• Takes effect August 2009
• Applies to officials and employees in the
  executive branch of state government

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• Prohibitions
• An official or employee shall not engage in
  Nepotism.
• An official or employee shall not supervise a
  family member.

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• Nepotism Defined
• Hiring, promoting, or advancing a family
  member in state government or recommending the
  hiring, promotion, or advancement of a family
  member in state government, including initial
  appointment and transfer to other positions.

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• Family Member Defined
• An individual who is the spouse, child,
  parent, brother, sister, grandchild, or
  grandparent, by blood, marriage, or adoption, of
  an official or employee in the executive branch
  of state government.

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• Important Note
• The definition of Family Member in LB 322 is
  much broader than the definition of Immediate
  Family Member in the current law.

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• An official or employee who becomes a
  supervisor of a family member (except through
  nepotism)
• Shall notify the agency head within 7 days of
  becoming aware of the situation.
• May continue as the supervisor of the family
  member until such time as the agency head acts.

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• Good Cause Shown
• The agency head, upon a written showing of good
  cause, may waive the prohibition against being a
  supervisor of an immediate family member.
• The agency head shall act as soon as practicable.

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• The agency head shall file with the Nebraska
  Accountability and Disclosure Commission
• A copy of the notification from the employee
• The written showing of good cause and
• Any written decision of the agency head.

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• Supervisor Defined
• 1. An individual having authority to hire,
  transfer, suspend, lay off, recall, promote,
  discharge, assign, reward, or discipline.
• 2. An individual with responsibility to direct,
  adjust grievances, or recommend any such action.

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• There are no criminal penalties for violation
• of LB 322.

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• Violation of LB 322 may result in
• A civil penalty of up to 2,000
• Agency discipline.

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• Proposed
• Commission Advisory Opinion 198
• to be considered by the Commission on August 21.

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• For advice or information contact
• Executive Director
• or
• General Counsel
• Nebraska Accountability and Disclosure
  Commission.
• 471-2522