System Procedure 4.10.1 Nepotism

System Procedures
 Chapter 4 - Human Resources

for Board Policy 4.10

Part 1. Purpose and Applicability

Subpart A. Purpose. The purpose of this procedure is to implement Board Policy 4.10, Nepotism, and to provide a process that allows members of the same family or household to be employed by the Minnesota State Colleges and Universities and its institutions while minimizing the risk of violations of Policy 4.10. Further, this procedure seeks to minimize the risk of real or apparent conflicts of interest under Minnesota Statutes §43A.38 and System Procedure 1C.0.1 Employee Code of Conduct.

Subpart B. Applicability. This procedure applies to all employees of Minnesota State Colleges and Universities, including student employees and work study employees, except as provided in this procedure. Minnesota State employees covered by the Agreement between AFSCME Council No. 5 and the State of Minnesota, are subject to the provisions of Minnesota State Supplement Part 1, Paragraph 13 Conflicts, to the extent that those provisions are inconsistent with this procedure.

Part 2. Definitions
For purposes of this procedure, the term “family member” has the meaning given to it in Policy 4.10.

Part 3. General

Subpart A. Merit Based Hiring. Consistent with Policy 4.10 and the provisions of this procedure, individuals who are family members of an employee are eligible for employment with Minnesota State.

Subpart B. Nepotism prohibited. Except as provided in this procedure, a direct supervisory relationship shall not exist between family members. Except as allowed in this procedure or authorized in an applicable collective bargaining agreement or compensation plan, an employee shall not participate in the selection, hiring, supervision, performance review of, investigation of, or decisions regarding compensation, personnel advancement, discipline, or staff complement for, any person who is a family member of the employee.

Subpart C. Exceptions.

  1. In exceptional circumstances, a direct supervisory relationship may exist between employees who are family members. Such circumstances may be necessitated by factors such as the unique qualifications or responsibilities of the individuals involved or the lack of other available appropriate supervisory personnel. Any exception must be approved in writing by the president, or vice chancellor for human resources, and to the extent feasible significant employment decisions involving the subordinate employee, such as selection, hiring, discipline, investigation, performance review, compensation, personnel advancement, staff complement or furlough/layoff, will be assigned to other supervisory personnel. Exceptions involving a president and president’s family must be approved by the chancellor or vice chancellor for human resources.
  2. Employees who have previously been granted an exception under this Subpart will continue to have that exception applied without regard to the adoption of any revisions to this procedure, except in the following circumstances:
    1. Revisions to the procedure require modifications to the exception to maintain compliance with the procedure;
    2. Changes to the employment status of the affected employee-family members obviates some or all of the exceptions or requires modifications to terms of the exception; or
    3. The terms of the exception are modified by the president, chancellor or vice chancellor for human resources.

Part 4. Change in Relationship Between Employees The supervisor or manager involved in a relationship covered by this procedure shall notify the chief human resources officer for the college, university, or system office when a change occurs affecting application of this procedure. This includes employees in a supervisor and subordinate relationship who become family members, or the development of a supervisor and subordinate relationship between family members after employment. In these circumstances, the college, university, or system office shall make suitable arrangements for transfer of one of the employees, assignment of a different supervisor, or a determination that an exception is necessary under Part 3, Subpart C of this procedure. Transfers under this provision will be consistent with the provisions of applicable collective bargaining agreements or personnel plans.

Part 5. Documentation Colleges, universities and the system office shall document any exceptions granted under this procedure on forms provided by the system office. All such documentation shall be kept in the Human Resources Office.

Part 6. Effective Date This procedure will become effective upon approval by the Chancellor except for relationships which are already in existence at the time of approval.

Related Documents:

System Procedure History:

Date of Adoption: 5/16/06
Date of Implementation: 5/16/06
Date of Last Review: 10/28/26

Date and Subject of Amendments:

10/28/26 - Five-year review. Amended to conform with Policy 4.10 definition of family.

1/25/12 - The Chancellor amends all current system procedures effective February 15, 2012, to change the term "Office of the Chancellor" to "system office" or similar term reflecting the grammatical context of the sentence.

No additional HISTORY.

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