Chapter 2-96
FAMILIAL EMPLOYMENT POLICY
Sections:
2-96-010 Purpose.
It is the policy of the city of Harvey, Illinois (the “city”) not to discriminate in its appointment, employment and personnel actions with respect to its appointees, employees and applicants on the basis of marital and/or familial status. Notwithstanding this policy, the city retains the right to refuse to appoint/hire a person to a position in the same department or division wherein his/her relationship to another employee may: (A) adversely impact the hiring, supervision, evaluation, promotion/career progression, discipline, assignment of work, scheduling, safety, security and/or morale of city employees, and/or (B) adversely impact the management of a department or division, and/or (C) involve a potential conflict of interest, and/or (D) involve the appearance of a potential conflict of interest. Familial relationships in the workplace may create situations where the city’s professional objectivity, efficiency and/or reputation is compromised, or may otherwise jeopardize a professional work climate. Further, the employment of relatives in a single department or division can cause various difficulties, including charges of favoritism, conflicts of interest, family discord and scheduling problems that work to the disadvantage of both the city and its employees. (Ord. 3387 § 3 (Exh. A) (part), 2019)
2-96-020 Definitions.
A. Family Member. For the purpose of this policy, “family member” includes: (1) spouse, (2) parent, (3) child, (4) sibling, (5) aunt, (6) uncle, (7) niece, (8) nephew, (9) grandparent, (10) grandchild, (11) members of the household, (12) “dependents” as defined by the Internal Revenue Code, (13) “in-law” versions of the above-mentioned relations, (14) “step” versions of the above-mentioned relations and (15) first or second cousin, as defined by Illinois law.
B. Employee. For the purposes of this policy, “employee” includes all employees regardless of their status as represented, unrepresented, full-time, part-time, temporary, tenured, nontenured, adjunct, seasonal and/or student. The term “employee” shall further include any individual holding an appointed office, as set forth in the Illinois Municipal Code.
C. Supervisor. For purposes of this policy, “supervisor” means any employee or elected or appointed official, regardless of job description or title, having the authority to hire, direct, transfer, suspend, lay off, recall, promote, discharge, evaluate, assign, reward or discipline an employee or having the authority to recommend/influence any type of employment action. (Ord. 3387 § 3 (Exh. A) (part), 2019)
2-96-030 Policy.
A. Except as otherwise provided herein, no person shall be appointed, employed in or promoted or transferred to a department where he/she would be the immediate supervisor of or receive direct supervision from a family member.
B. No appointee or employee shall initiate, participate in or influence in any way any type of employment decision involving a family member.
C. Notwithstanding anything contained herein, any existing employees who are family members and work in the same department as of the adoption of this policy may continue to work in the same department but shall not initiate, participate in or influence in any way any type of employment decision involving a family member. The city will collaborate with said related employees to minimize any work-related problems that may arise due to their familial relationship.
D. Notwithstanding anything contained herein, any existing employee who becomes a family member of another existing employee while both are employed by the city and subsequent to the effective date of this policy may continue employment as long as it does not (1) adversely impact hiring, supervision, evaluation, promotion/career progression, discipline, assignment of work, scheduling, safety, security and/or morale of city employees, and/or (2) adversely impact the management of a department or division, and/or (3) involve a potential conflict of interest, and/or (4) involve the appearance of a potential conflict of interest. If one of the conditions outlined above should occur, attempts will be made to: (1) assign job duties so as to minimize the aforementioned problems; and/or (2) find a suitable position within the city to which one of the related employees could transfer. If accommodations of this nature are not feasible, the related employees will be permitted to determine which of them will resign. If the employees cannot make a decision, the city will decide, in its sole discretion, who will remain employed.
E. This policy also extends to all persons who do work for or provide services to the city as an independent contractor or as an employee of a separate entity. In the event this policy is contrary to any existing contract, collective bargaining agreement or statutory right of any employee, such collective bargaining agreement or statutory right shall control. This policy does not apply to noncompensated, voluntary activities.
F. Appointees and employees shall be synonymous for purposes of this policy, and this policy shall become effective at the earliest time permissible under Illinois law.
G. If any section, paragraph, clause or provision of this policy is held invalid, the invalidity thereof shall not affect any other provision of this policy. (Ord. 3387 § 3 (Exh. A) (part), 2019)