Chapter Two:  Personnel
 
Procedure Title: Employment of Relatives (Nepotism)
Based On: Board Policy 3
Procedure Number: 2.07
Date Adopted/Revised: March 29, 2001; November 21, 2006; May 15, 2007; Mar 5, 2012
 
South Arkansas Community College complies with the Governor’s Executive Order 98-04 with respect to issues involving nepotism.

Arkansas Law prohibits the hiring of relatives by public officials and prohibits a state agency and institution employee from supervising a relative.

Definitions

Employee: A person whose employment is not seasonal or temporary and whose actual performance of duty requires one thousand (1,000) or more hours during a fiscal year.

Public Official: The Secretary of State, Governor, Lieutenant Governor, Treasurer of the State, Auditor of the State, Attorney General, Commissioner of State Lands, a member of the Senate, a member of the House of Representatives and, the executive head of any agency, department, board, commission, institution, bureau, or council of this state.

Relative/Family Member: A husband, wife, mother, father, stepmother, stepfather, mother-in-law, father -in-law, brother, sister, stepbrother, stepsister, half-brother, half-sister, brother-in-law, sister-in-law, daughter, son, stepdaughter, stepson, daughter-in-law, son-in-law, uncle, aunt, first cousin, nephew, or niece, grandchildren.

State agency: All boards, commissions, departments, agencies, institutions, state supported institutions of higher learning, and offices of constitutional officers of the State of Arkansas; and The General Assembly, including divisions, commissions, and bureaus operating under the authority of the General Assembly.

Supervisory employee: Any individual having authority in the interest of the state agency to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees of a state agency; or the responsibility to direct other employees of a state agency, to adjust their grievances, or to effectively recommend an action if the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

A public official shall not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the state agency in which the official is serving over or which the official exercises jurisdiction or control over any person who is a relative of the public official or an employee
of a state agency or as a result of the public official’s action could be an employee of a state agency. Within each state agency, no relatives of employees shall be placed within the same line of supervision whereby one relative is in a supervisory position over the other. Also applies to College work-study students. A temporary change in supervision resulting in the supervision of a relative will not be considered a violation of Arkansas law provided the supervision does not exceed 30 days. No hiring, firing, pay adjustments or other personnel actions may occur during this temporary period of supervision.

The nepotism section of the State of Arkansas Employment Application shall be completed in its entirety listing the name, relationship, and job title of all relatives currently employed by the state agency for which application of employment is being submitted. The Human Resources section of the agency or institution will then decide if the hiring of the applicant is in violation of this law. If any employee of an agency suspects a violation of this law has occurred, they should submit the information in writing to the Office of Personnel Management OPM will determine if a violation has occurred and report such violations to the Attorney General’s Office for resolution.

Student/Faculty Relationships

Faculty may not teach family members if classes are also taught by non-family instructors. In cases where an instructor is the only instructor in a department and is the only instructor available to teach a family member, approval of by the President will be required.

Penalties

If anyone approves a position and authorizes compensation to an employee in violation of this law, the person will be charged with a Class A misdemeanor. A public official who knowingly violates this law shall be subject to a civil penalty of one thousand dollars ($1,000).