EMPLOYMENT OF RELATIVES

The Redwoods Community College District policy is to hire, promote, and transfer employees on the basis of individual merit and to avoid favoritism or discrimination in making such decisions.

Spouses or other relatives may be employed within the same department or district facility. However, the district may prohibit the assignment of, or may reassign spouses or relatives if, in its discretion, it finds that such employment of relatives has created, or would create,a situation in which (Title 2, Sec. 7292.5 Calif. Code of Regulations)

1. An employee serves as the immediate supervisor for, or is supervised by, a spouse or relative. Employees shall neither initiate nor participate in making institutional recommendations or decisions which would directly affect the employment status of their spouses or relatives. These recommendations/decisions include, but are not limited to, selection, appointment, retention tenure, work assignments, promotion, demotion or salary), Or

2. Employment safety, morale, security or supervision are adversely affected.

Marriage While Employed

If two persons should marry while both are employed by the district, they may continue their employment provided that they may not work in any position that would require one to act as the direct supervisor of the other. In this event, the district shall make reasonable efforts to assign/reassign job duties as soon as possible so as to minimize problems of safety, supervision, security, or morale.

Absent an overriding necessity, the decision as to which spouse will change jobs or departments, if necessary, is a decision that the couple shall make within 6 weeks of the marriage. The actual transfer or termination may, when in the best interest of the district, be deferred until the end of the school semester. If the couple does not make this decision within 6 weeks, the district shall decide which employee shall be transferred or terminated. This decision shall be based upon the following factors: (1) the necessity of operating the college in an efficient manner, and (2) each employee's length of service with the district. Termination will only be invoked if there is no other work unit to which one of the two employees can reasonably be transferred.

Exceptions

The President/Superintendent may authorize an exception to this policy if it is found that

1. The position to be filled requires a person with specialized training and experience not generally available in the employment market.

2. There is a vital district need to fill the position,

3. Substantial bona fide efforts have been made to locate and/or employ a person who is not a relative or spouse of any employee, or to find an alternate department or location for one of the two employees who marry,

4. The relationship between the relative or spouse and the applicant or employee is unlikely to materially affect their employment by the district, or

5. Refusal of the assignment would adversely affect the Affirmative Action goals of the district.

Any such exception authorized by the President/Superintendent must be approved by the Board of Trustees.

At the time of adoption of this policy, if a marital relationship already exists between co-employees, one of whom serves in a direct supervisory capacity over the other, the employees may remain in their current positions only if the district is unable to effect a reasonable transfer, and only for so long as their continued employment in a supervisorial-subordinate relationship does not create problems of safety, supervision, morale, or security.

Definition of "Spouse" and "Relative"

"Spouses" refers to husbands, wives and persons who are not legally married but who live together and, in the Board's judgment, share the attendant responsibilities and commitments of marriage; and "Relatives" refers to parent, child, brother or sister. "Relatives" also includes any other person related by blood or marriage residing in the immediate household of the employee.

Responsibility for Administration

The Director of Personnel Services has the responsibility for administering this Policy.

Citations; Cal. Gov't Code, Sec. 12940
Exec. Order 11246
2 Cal. Admin. Code Sec. 7292.2(c), 7292.3, 7292.5


Adopted by Board of Trustees: August 15, 1977
Amended: February 6, 1989