Advisory Opinion No. 95-113

Re: Jeanne M. Greene

A. QUESTION PRESENTED

Whether the Interim Tax Collector for the Town of Exeter, who also intends to apply for that position full time, may supervise her mother, who was hired by the petitioner's predecessor on a temporary, part-time basis, with no benefits and no potential for salary increases or promotions.

B. SUMMARY

The Commission advises Ms. Greene that she may continue to serve as the Tax Collector for the Town of Exeter, notwithstanding the fact that her mother is employed as a temporary, part-time employee in the office provided that a) the nature of her mother's employment relationship does not change and b) she is not involved in any salary, benefit or promotional decisions involving her mother.

C. DISCUSSION

1. Facts

Jeanne M. Greene is the Interim Tax Collector for the Town of Exeter. Her predecessor in that position resigned effective October 23, 1995. Prior to her appointment, Ms. Greene was a part-time clerk in the office. She is likely to apply to fill the position on a full-time, permanent basis.

Ms. Greene's predecessor hired Ms. Greene's mother to work as a temporary, part-time employee in the office, primarily responsible for computer entry. Her mother receives no benefits and is not eligible for any salary increases or promotions. She would, however, work under the direction of Ms. Greene. Her duration in this part-time position will extend only until Ms. Greene is able to fill the position on a more permanent basis.

2. Analysis

As a general rule, this Commission has opined that one family member may not be involved in the hiring or supervision of another. That general rule finds its most detailed discussion in Commission General Advisory No. 1, Nepotism. In that advisory the Commission concluded that, with respect to an immediate family member, a public official could not participate in any significant and substantive manner with a) any hiring process, b) promotions, reappointments, reclassifications, demotions or firings, c) determining salaries, d) job performance reviews,, or e) "day-to-day active supervision." The latter was prohibited because it was deemed an integral part of the evaluation process, but the Commission also noted that, with respect to supervision, circumstances might give rise to exceptions. See Commission General Advisory No. 1.

Here, Ms. Greene has not had, nor will she have, any involvement in the hiring process with respect to her mother's temporary, part-time position. In fact, the hiring took place before she assumed her present position. Ms. Greene also advises that the nature of the position held by her mother does not involve any potential for promotion, reappointment or reclassification, nor will there be any salary changes regarding her mother. The only potential for a conflict of interest appears to fall in the area of performance reviews and day-to-day active supervision. Ms. Greene acknowledges that in an office of only a few workers, she as the head of the office necessarily supervises her mother.

The Commission concludes, however, that the totality of circumstances here warrant an exception to the general rule. Ms. Greene did not create the situation that now gives rise to a potential conflict, nor is the situation to be of very long duration. In addition, the limited nature of her mother's employment relationship (e.g., temporary, part-time, and fixed salary) is such that even the potential for conflict is negligible.

Therefore, the Commission advises Ms. Greene that she may continue to serve as the Tax Collector for the Town of Exeter, notwithstanding the fact that her mother is employed as a temporary, part-time employee in the office provided that a) the nature of her mother's employment relationship does not change and b) she is not involved in any salary, benefit or promotional decisions involving her mother.

Keywords

Nepotism

Family: Supervision