Section 3 - Classification/Salary

Policy Number: 3.9 - EMPLOYMENT OF RELATIVES (NEPOTISM RULE)

SCOPE: ALL FACULTY AND STAFF Issued: 4/1/00

Revised: 1/01/07; 06/19/2020


1. Employment of Relatives: State law prohibits the employment of persons related within the second degree by affinity (marriage) or within the third degree of consanguinity (blood) to any officer or member of any board making, voting for, or confirming the employment. Whenever an appointment is made, either on a full-time or a part-time basis, it shall be made solely with regard to the qualifications of the appointee, subject to the Texas Government Code, Chapter 573; the Texas State University System (TSUS) Rules and Regulations, Chapter V, §2.2; and the provisions of this policy.

No person shall be employed, appointed, promoted or transferred, if related within the second degree by affinity or within the third degree of consanguinity to any person employed by Lamar University, whose duty would involve acting in any official capacity upon such an employment, promotion, or transfer, regardless of the source of funds for payment of salary; nor shall any person be employed if either person would come under the administrative supervision of the other; or if either would have any official voice in recommending salary increases or promotion in rank for the other.

Where employed in the same college or department, neither shall any person related within the second degree by affinity or within the third degree of consanguinity to the other person serve on those committees whose purpose it shall be to recommend compensation, promotion, or tenure for the other.

2. Relationships Covered by Nepotism Law:

2.1 Two persons are related to each other by consanguinity if one is a descendant of the other or if they share a common ancestor. An adopted child is treated as the natural child of the adoptive parent in this regard. The degree of relationship by consanguinity between a person and the person's descendant is determined by the number of generations that separate them. As illustrated in the following table, a parent and child are related in the first degree, a grandparent and a grandchild in the second degree, etc. If a person and the person's relative are related by consanguinity, but neither is descended from the other, the degree of relationship is determined by adding the number of generations between the person and the nearest common ancestor of the person and the person's relative; and the number of generations between the relative and the nearest common ancestor.

2.2 Two persons are related to each other by affinity if they are married to each other or the spouse of one of the persons is related by consanguinity to the other person. Termination of a marriage by divorce or the death of a spouse terminates relationships by affinity; the degree of relationship by affinity is the same as the one by consanguinity. For example, if 2.1 and 2.2 are related to each other in the second degree by consanguinity, 2.1's spouse is related to 2.2 in the second degree by affinity.

3. Departments or comparable administrative units may employ individuals who are related within the degrees of relationships detailed above provided such employment does not cause one relative to (a) have responsibility for direct or indirect supervision of the other, or (b) have authority over the salary or other terms and conditions of employment of the other. Employment under either of these conditions may only be granted by the President, who shall make supervisory arrangements to remove the nepotism. When appropriate, the next highest administrator may delegate these responsibilities to another administrator who is neither related to the person subject to the personnel actions nor in that person’s reporting line.



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References:

Texas Government Code, Chapter 573

TSUS Rules and Regulations, Chapter V, §2.2