Board of Regents Handbook
Title 4, Chapter 3, Section 7
- It is the policy of the Nevada System of Higher Education (NSHE) that none of its employees or officers shall engage in any activities that place them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees and officers to disqualify themselves from participating in a decision when a financial or personal interest is present.
- The Nevada Revised Statutes 281.210 and the Nevada Administrative Code 284.375 and 284.377 prohibit the employment of relatives under certain circumstances. Except for relationships allowed pursuant to those documents, no employing authority of the NSHE may appoint a person to an employment position if, upon the appointment, the person will be the immediate supervisor or will be in the direct line of authority of any relative of a NSHE employee within the third degree of consanguinity or affinity.
Exceptions to this policy must have the prior written approval of the employing authority (defined as the president or chancellor, as the case may be), along with a written agreement detailing the manner in which conflicts of interest will be ameliorated. The source of funding to pay a newly hired employee may not serve as a basis to waive the restrictions of this policy. A contractual relationship between a Regent and a NSHE institution is subject to the limitations contained in NRS 396.122.
- Consanguinity is a blood relationship within a family of the same descent. Affinity is a marriage or other legal relationship (such as adoption) formally recognized by the State of Nevada. Relationships within the third degree of consanguinity or affinity are defined as:
- The employee's spouse, child, parent, sibling, half-sibling, or step-relatives in the same relationship;
- The spouse of the employee's child, parent, sibling, half-sibling, or step-relative;
- The employee's in-laws, aunt, uncle, niece, nephew, grandparent, grandchild, or first cousin.
- The employment by a NSHE institution of relatives of a Regent within the third degree of consanguinity or affinity, as defined in paragraph 3, must be approved by the Board of Regents.
- Except for relationships allowed pursuant to NRS 281.210 and NAC 284.375 and 284.277, if a supervisor and an employee who is in the direct line of authority of the supervisor become related after the supervisor and employee have been appointed to their respective positions, the appointing authority shall ensure that, as soon as practicable, the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
- A supervisor who becomes related to an employee in the direct line of authority of the supervisor shall notify the appointing authority within 10 working days after the supervisor and employee become related.
- Upon receiving notification of a relationship from a supervisor pursuant to paragraph 4, the appointing authority may request a recommendation from each of the employees for appropriate action to be taken to alter the line of authority. In determining the manner in which to comply with this policy, the appointing authority is not required to accept a recommendation from the employees involved.
- A person serving in a supervisory position may not participate in decisions regarding hiring, reappointment, placement, evaluation, rate of pay, salary increases, promotion, tenure, monetary awards, or other personal interest for a relative employed by the NSHE, as defined in paragraph 3, even when the supervisor is not in the direct line of authority.
- In enforcing this policy, each NSHE institution should avoid any appearance of impropriety as well as any potential conflict of interest.
- NSHE institutions may establish additional nepotism policies and procedures as long as they do not conflict with the NSHE nepotism policy or with state laws and regulations.
- Violators of this policy may be subject to NSHE disciplinary action as well as sanctions stipulated in the Nevada Revised Statutes and Nevada Administrative Code.
Nevada Nepotism Laws and Regulations
Nevada Revised Statutes
NRS 281.210 Officers of state, political subdivision, and the Nevada System of Higher Education (NSHE) prohibited from employing relatives; exceptions; penalties.
- Except as otherwise provided in this section, it is unlawful for any person acting as a school trustee, state, township, municipal or county officer, or as an employing authority of the Nevada System of Higher Education, any school district or of the state, any town, city or county, or for any state or local board, agency or commission, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, or the Nevada System of Higher Education, any relative of such a person or of any member of such a board, agency or commission who is within the third degree of consanguinity or affinity.
- This section does not apply:
- To school districts, when the teacher or other school employee is not related to more than one of the trustees or person who is an employing authority by consanguinity or affinity and receives a unanimous vote of all members of the board of trustees and approval by the state department of education.
- To school districts, when the teacher or other school employee has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more before April 1, 1957.
- To the spouse of the warden of an institution or manager of a facility of the department of corrections.
- To the spouse of the superintendent of the Caliente youth center.
- To relatives of blind officers and employees of the bureau of services to the blind and visually impaired of the rehabilitation division of the department of employment, training and rehabilitation when those relatives are employed as automobile drivers for those officers and employees.
- To relatives of a member of a town board of a town whose population is less than 300.
- Nothing in this section:
- Prevents any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for the service is met out of the personal money of the officer.
- Disqualifies any widow with a dependent as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
- A person employed contrary to the provisions of this section must not be compensated for the employment.
- Any person violating any provisions of this section is guilty of a gross misdemeanor.
[1:75:1925; A 1927, 43; 1935, 172; 1951, 22] + [2:75:1925; NCL § 4852] + [3:75:1925; NCL § 4853]—(NRS A 1957, 704; 1960, 369; 1963, 1178; 1967, 549; 1969, 227; 1973, 563, 1406; 1975, 554; 1977, 870; 1989, 1958; 1993, 374, 1550; 1995, 579; 1997, 1171; 1999, 174; 2001 Special Session, 234)
Nevada Administrative Code
NAC 284.375 Appointing authority prohibited from appointing related persons under certain circumstances; exceptions.
- Except as otherwise provided in subsection 2 and NRS 281.210, an appointing authority shall not appoint a person to a position in the classified service on or after October 1, 1996, if, upon his appointment, the person will be the immediate supervisor, or will be in the direct line of authority, of:
- A spouse, child, parent or sibling of the person;
- The spouse of a child, parent or sibling of the person; or
- An aunt, uncle, niece, nephew, grandparent, grandchild or first cousin of the person.
- An appointing authority may adopt a written policy authorizing the appointment of persons to a position or class of positions in violation of subsection 1 if the appointing authority determines that, for the positions for which the policy applies, the enforcement of the provisions of subsection 1 will be impracticable and cause an undue hardship to the appointing authority. In making this determination, the appointing authority may consider, among other factors, the difficulty in recruiting applicants for the positions for which the policy applies.
- A written policy adopted pursuant to subsection 2 must:
- Be approved by the commission; and
- Comply with the provisions of NRS 281.210.
- If a written policy which is adopted by the appointing authority pursuant to this section is approved by the commission, the appointing authority shall provide a copy of the policy to each employee who is appointed to a position for which the policy applies.
(Added to NAC by Dep't of Personnel, 8-16-96, eff. 10-1-96)
NAC 284.377 Persons who become related after appointment: Appointing authority required to take corrective action; notification of appointing authority required. (NRS 284.155)
- Except for relationships allowed pursuant to NRS 281.210 and NAC 284.375, if a supervisor and an employee who is in the direct line of authority of the supervisor become related or involved in a dating relationship after the supervisor and employee have been appointed to their respective positions, the appointing authority shall ensure that, as soon as practicable, the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
- A supervisor who becomes related to, or involved in a dating relationship with, an employee in the direct line of authority of the supervisor shall notify the appointing authority within 10 working days after the supervisor and employee become related or involved in the dating relationship.
- Upon receiving notification of a relationship from a supervisor pursuant to subsection 2, the appointing authority shall request from each of the employees involved a recommendation for action to be taken to ensure that the employees do not continue to hold positions in which one of the employees is in the direct line of authority of the other employee.
- In determining the manner in which to comply with the provisions of subsection 1, the appointing authority is not required to accept a recommendation for action to be taken submitted pursuant to this section.
(Added to NAC by Dep’t of Personnel, 8-16-96, eff. 10-1-96; A by R058-01, 9-6-2001)