School Board Policy 497 -
Adopted: April 11, 2011 REVISED: may 11, 2015
The purpose of this policy is to establish consistent employment guidelines and to prevent situations where an individual may have or be perceived to have unfair influence over the career development, work assignments or work direction, performance reviews, or compensation of a family member who is also employed by White Bear Lake Area Schools.
II. General Statement of Policy
A. The District may employ family members of current employees. To be hired, transferred or promoted, close family members may not:
1. Be assigned to positions where one can directly impact the employment conditions or career of the other. This includes decisions involving hiring, termination, compensation, performance evaluation, discipline, promotional opportunities and work assignments; or
2. Be assigned to positions where one reports to, directs the work of, or otherwise has direct supervision of another close family member.
B. This policy shall apply to appointment of temporary and summer help, as well as contract employees (except as indicated in Article V).
C. This policy shall be interpreted and applied consistently with mandates of federal and state equal employment opportunity and discrimination laws.
A. “Close Family Member.” A close family member is a: parent or guardian, spouse, child, sibling, grandmother, grandfather, grandchildren, niece, nephew, aunt, uncle, first cousin, stepchild, step-mother, step-father, step-sister and step-brother, father and mother-in-law, daughter and son-in-law, brother and sister-in-law, domestic partner or a member of the employee’s household.
B. “Direct” supervision means the authority to make, participate in, or recommend employment and/or compensation-related decisions involving a close family member, including, but not limited to, decision concerning hiring, promotion, transfer, discipline, termination, salary, evaluation, grievance resolution, or other similar personnel actions.
IV. Addressing Existing Conflicts and Changes in Relationship Between Employees
A. The Department of Human Resources will be responsible for implementing the provisions of this policy based upon the information furnished by applicants and employees.
B. Any school district employee involved in a direct or indirect supervision relationship with a close family member that existed prior to the original approval date of this policy or that arises after the adoption of this policy shall promptly notify the Director of Human Resources of such relationship.
C. Applicant/employee is responsible and accountable for providing accurate and complete information regarding the identity of his/her “close family members” on disclosure forms/statements, including, but not limited to, those required for employment, assignment, transfer, or promotion.
D. Employees witnessing nepotism under this policy shall report such activity to the Director of Human Resources. No employee may be subject to reprimand or disciplinary action for good faith reports under this policy.
E. The District reserves the right to modify the employment relationship by whatever means necessary.
V. Special Provisions
A. The District reserves the right to review the application of this policy in individual cases that are in temporary positions, e.g. refereeing of youth sports or other community service type activities, providing that the selection and hiring is done in accordance with our human resources protocols and under the oversight of the Director of Human Resources.
VI. Compliance with Equal Opportunity and Discrimination Laws
A. Nothing in this policy shall be construed as discouraging the employment of close family members of current employees for positions that do not involve direct supervision by a close family member.
Minn. Stat. Ch. 363 (Minnesota Human Rights Act)
42 U.S.C., Section 2000c et seq.(Title VII. of the Civil Rights Act)