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Fallbrook Union ESD |  BP  4212.8  Personnel

Employment Of Relatives   

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The following policy will govern conflict of interest in the employment of staff:

1. No spouse, minor child, or dependent of a Governing Board member will be appointed to a full-time position in this school district.

(cf. 9270 - Conflict of Interest)

2. Persons related otherwise by blood or marriage to a Governing Board member may be employed following full disclosure of the relationship by the Board member in a public meeting and sufficient vote of appointment without counting the vote of the related Board member.

3. A spouse or child of a Board member may be employed for limited-term or short-term employment on a competitive basis among persons who are eligible, as provided by law.

4. Persons related by blood or marriage to a member of the administrative staff will not be appointed to a position that is in a direct line relationship to that administrator.

5. Members of the same family may be employed at the same department or work location when approved, in writing, by Superintendent. (Exception: Members of the same family will not be approved in direct line of supervision.)

It is the intent of this policy to avoid any situation where a conflict of interest may arise either on the part of the member of the Board or a member of the administrative staff.

Legal Reference:

EDUCATION CODE

35107 School district employees

FAMILY CODE

297-297.5 Rights, protections, benefits under the law; registered domestic partners

GOVERNMENT CODE

1090-1098 Prohibitions applicable to specified officers

12940 Unlawful employment practices

CODE OF REGULATIONS, TITLE 2

7292.0-7292.6 Marital status discrimination, especially:

7292.5 Employee selection

Management Resources:

WEB SITES

California Department of Fair Employment and Housing: http://www.dfeh.ca.gov

Institute for Local Government: http://www.cacities.org/index.jsp?zone=ilsg

Policy FALLBROOK UNION ELEMENTARY SCHOOL DISTRICT

adopted: September 6, 2011 Fallbrook, California