CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           NEPOTISM - Policy

 

DATE ISSUED:                                   :           May 1, 1995

 

SECTION:                                           :           N

 

REFERENCE:                                     :           Resolution No. 91-78

 

 

 

SECTION 1:                                        PURPOSE

 

                                                            The purpose of this policy is to provide guidance in its employment practices pertaining to the employment of relatives of City employees.

 

 

SECTION 2:                                        POLICY STATEMENT

 

                                                            It is the policy of the City of Lodi not to discriminate in its employment and personnel actions with respect to its employees, prospective employees, and applicants on the basis of familial or marital status.  No employee, prospective employee, or applicant shall be denied employment or benefits of employment on the basis of his or her familial or marital status.  This policy applies to the selection of persons for a training program leading to employment in addition to the above-designated persons.  The City of Lodi reserves the right to reasonably regulate for reasons of supervision, safety, security, or morale, the working of spouses and relatives in the same department division or facility.

 

 

SECTION 3:                                        APPOINTMENT

 

                                                            The City of Lodi shall prohibit the initial appointment to a position within the City of Lodi of any person or employee who has the status marital or familial relationship with the Lodi City Manager, Assistant City Manager, City Attorney, or Personnel Director, members of the City Council and in the case of Library employees, members of the Library Board or the City Librarian.  Further, the City will prohibit the employment in that Department of any person who has status of marital or familial relationship with the Department Head of that Department.

 

 

SECTION 4:                                        DEFINITIONS

 

                                                            A.        Marital status is defined as an individual's state of marriage, non-marriage, divorce or dissolution, separation, widowhood, annulment, or other marital state for the purpose of this anti-discrimination policy.

 

                                                            B.         Spouse is a partner in marriage as defined in California Civil Code Section 4100.

 

                                                            C.        Familial status is defined as the state of an individual's specific relatives working for the City of Lodi and shall include spouse, child, brother, sister, parent or parent-in-law.

 

 

SECTION 5:                                        INITIAL APPOINTMENT/PROMOTION

 

                                                            The City of Lodi shall prohibit the initial appointment or advancement of any person or employee to any position within any department within the City of Lodi, wherein that person so appointed or advanced would or may in any manner or form, supervise, public safety dispatch, or evaluate; or wherein that person would or may be supervised, dispatched or evaluated by any person within the same department, where, in either event, there exists a marital or familial status factor between said persons.  The provisions of this paragraph shall not apply to part time employees who may supervise, dispatch or evaluate other part time employees.

 

 

SECTION 6:                                        EMPLOYEE MARRIAGES

 

                                                            In the event two persons employed in the same City department marry each other and would thereby fall within the prohibitions listed in this policy, one of such employees shall be transferred to a comparable vacant position, if any exists, in another division or City department.

 

                                                            If no comparable position is then vacant, the married employees may remain in their respective positions for up to six (6) months.  If a conflict still exists at the end of six (6) months, the married employees may designate the one to be terminated, or the employee with less seniority will be terminated.