The DeKalb County School District intends, to the extent practicable, to make all decisions concerning hiring, promotion, termination, compensation, and nonrenewal, based solely on individual qualifications and merit, not on personal or familial relationships. It is inappropriate for District employees to unduly influence employment decisions based on personal or familial relationships.
The District strives to avoid favoritism, the appearance of favoritism, or any actual or potential conflicts of interest when making employment decisions. The District permits the employment of qualified relatives of employees, provided such employment does not violate this policy.
The District will exercise sound business and educational judgment in the placement of related employees in accordance with the following guidelines:
Definition of Nepotism. For the purposes of this policy, “nepotism” refers to the giving or showing of favoritism, the exercise of preferential treatment, or the appearance of improper influence by an employee of the District to a relative without regard to merit or qualifications.
Definition of Relative. For purposes of this policy, “relative” is defined as the following: a spouse, child, sibling, parent, grandparent, grandchild, niece, nephew, aunt, uncle, cousin, corresponding step and in-law relations, or any individual living in the immediate household of the employee.
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Actions with Respect to Qualified Relatives. The District permits the taking of employment actions, including hiring and promotion, with respect to qualified relatives, provided that such employment does not result in an actual or perceived conflict of interest and subject to the conditions described in this policy. A candidate’s status as a relative will not preclude hiring, promotion, or transfer so long as the individual meets and fulfills the appropriate appointment standards.
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Supervising and Reporting. No employee is permitted to work within the “chain of command” of a relative, such that the employee’s work responsibilities, salary, or career progress could be influenced, or give the appearance of having been influenced, by the relative.
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Qualified Individuals. To the extent practicable, the District intends to make all employment decisions based on individual qualifications and merit, irrespective of an individual’s status as a relative. The District acknowledges that in furthering this goal circumstances may arise where the hiring of the most qualified individual may result in development of a relative relationship within a chain of command. To that end, to avoid this possible conflict of interest in a chain of command the District will do one of the following:
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If a qualified individual is hired, promoted, or transferred to a position wherein he exercises any managerial or supervisory authority over a relative, then the relative occupying the position of lesser rank in the chain of command will be transferred.
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If the hiring, promotion, or transfer of a qualified individual would result in him being placed in a position under the managerial or supervisory authority of a relative, then the District will not effectuate such hiring, promotion, or transfer.
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Placement. Relatives are permitted to work in the same school, facility, or department, provided no direct reporting or supervisory/management relationship exists between them. If, in the administration’s sole discretion, a conflict of interest or an appearance of an apparent conflict of interest arises as a result of a relative relationship, one of the employees will be transferred at the earliest practical time. The administration will make the decision based upon the seniority of the two employees, meaning that the least senior employee will be transferred. Employees who form a relative relationship while employed will be treated in accordance with these guidelines.
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Approval of Relatives. Each employment, promotion, or change in salary, other than a State of Georgia raise, step increase, or across-the-board raise, of a relative of a current member of the Board of Education and the current Superintendent must be approved by the Board of Education as a separate agenda item in a public, recorded vote in open session.
Any hiring, promotion, or transfer of any relative of an employee currently employed at the Director level or above, where the relative’s proposed position is at the Director level or above, must be approved by the Board as a separate agenda item in a public, recorded vote in open session.
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Mandatory Disclosure by Employees. All District employees are required to disclose, on an annual basis, whether they are a relative of any other current District employee, including the Superintendent or current member of the Board of Education. Such information must be disclosed on the Disclosure Information Form, Exhibit I. Failure to disclose this information may result in disciplinary action up to and including termination.
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Mandatory Disclosure by the Superintendent. In the Superintendent’s monthly report to the Board, the Superintendent shall disclose the names of relatives of the current members of the Board of Education, of the current Superintendent, and of other current employees at the Director level or above, provided such relatives are to be recommended for employment in the District by the Superintendent or are being considered by the Superintendent for a promotion or a salary increase other than a State of Georgia raise, step increase, or across-the-board raise.
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Duty to Adhere. Each employee of the District is responsible for conforming his or her conduct such that it is consistent with this policy.
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Reporting. Any appearance of impropriety or a conflict of interest may be referred to the District’s Ethics Hotline at 1-888-475-0482. No employee should be subject to reprimand or disciplinary action for good faith reporting under this policy.
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Violations. If an individual violates this policy or selection of an individual would result in a violation of this policy, the individual will be subject to the corrective action appropriate under the circumstances. Such corrective action may range from non-selection to other disciplinary action, up to an including termination.
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Employee Rights. No provision of this policy shall extend to employees any expectation of reemployment or other due process rights greater than those granted to such employees under Georgia’s Fair Dismissal Act.
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Applicability. This policy applies to all actions taken subsequent to its passage on [May 6, 2013].
Legal References
- O.C.G.A. 20-02-0058.1 — "Immediate family" defined; employment of family members (Lexis)
- O.C.G.A. 20-02-0101 — Appointment of school superintendents (Lexis)