BIRCH BAY WATER & SEWER DISTRICT

SUBJECT: Nepotism Policy

The District is an equal opportunity employer and hires individuals solely based on their qualifications and ability to do the job if filled. However, business necessity requires the establishment of policies regarding the employment of Relatives in order to avoid conflicts of interest, the appearance of favoritism or bias, and to enhance supervision, security, and morale. The term “Relatives” for the purposes of this policy includes anyone related by blood, marriage, or other legal relationship a current District employee, including a spouse, common-law or domestic partner, parents, siblings, children, grandparents/children, step-family, in-laws, nieces/, nephews, cousins, uncles/, aunts, or any of these relations to the employee’s partner (if not married). The policy does not include temporary positions such as summer labor or other temporary positions (usually five months or less).

As a business necessity, the District will not employ a Relative in any position that would result in one or more of the following situations:

• Where one Relative would have the authority or practical power to supervise, appoint, remove, or discipline the other;
• Where one Relative would be responsible for auditing the work of the other;
• Where one Relative’s work responsibilities, salary, hours, career progress, benefits or other terms and conditions of employment could be influenced by the other;
• Where other circumstances exist which would place the Relatives in a situation of actual or reasonably foreseeable conflict between the District's interest and their own; or
• Where it is necessary in order to avoid the reality or appearance of improper influence or favor, or to protect confidentiality.

No person should be hired for a position when to do so would violate this policy.

Transfers or promotions of Relatives of employees into situations where the possibility of favoritism or conflicts of interest might exist are to be avoided. Therefore, employees will not be promoted or transferred into a department that audits/controls a location where a relative is already employed. In addition, employees will not be promoted or transferred into a position where a Relative occupies a position as a supervisor or manager.

Should one of the above situations occur through promotion, transfer, marriage, or other changes, the District would attempt to find a suitable position within the District to which one of the affected employees may transfer. If accommodations of this nature are not feasible, the employees will first be permitted to determine which of them will resign. If no agreement between the employees can be reached, the District will decide which of the employees will be terminated based on the best interests of the District.

Any exceptions to this policy must be approved by the Board of Commissioners.

The District will not accept an application of employment from a sitting member of the Board of Commissioners. The District will also not accept an application of employment from a former Commissioner, unless that commissioner vacated his or her position as a commissioner at least sixty (60) days prior to the submission of the employment application. Any application submitted by a Commissioner or former Commissioner in violation of this policy will be returned by U.S. Mail and the Human Resources Administrator will document and keep on file that the application was received, returned, and not considered in the selection process.

A former Commissioner who submits an application in compliance with this policy will be considered along with any other applicants, but a former Commissioner will not receive preferential treatment in any way and will be evaluated in the same manner as any other applicant within the requirements of the District’s merit selection process. Any exceptions to this policy must be approved by the Board of Commissioners.

The District reserves the right to establish special employment procedures with the purpose of ensuring that the merit selection process has been used in accordance with District policy whenever a former Commissioner is an applicant. This includes, but is not limited to establishing an interview panel that consists of qualified individuals outside of the District’s employment.

Approved: October 27, 2022