Guide to Nepotism The following is a general guide and starting point to understanding some of the requirements of the Code of Ethics. Persons reading this guide are urged to refer to the relevant sections of the Code of Ethics (see top menu), to seek formal or informal guidance from the Ethics Commission, or to speak with legal counsel regarding the proper application of the Code of Ethics to any specific facts. Nepotism Definition and Policy The term “nepotism” relates to the practice of persons in positions of authority using their power or influence to favor or advance the interests of a family member. The Code of Ethics’ nepotism provisions define family member as any person who is related to a public official or employee by blood, marriage (in-laws) or adoption, and includes one’s spouse, children, siblings, parents, grandparents, grandchildren, aunts, uncles, nieces, nephews, and first cousins (including these relations by marriage). The policy underlying the nepotism prohibitions in the Code of Ethics is the recognition that it is difficult for any person to be truly objective when considering matters impacting family or household members and, additionally, to further the constitutionally-expressed goal of public officials avoiding even the appearance of impropriety. Nepotism Prohibition Generally A person subject to the Code of Ethics shall not participate in any matter as part of his or her public duties if he or she has reason to believe or expect that any person within his or her family, or any household member, is a party to or a participant in such matter, or will derive a direct monetary gain, suffer a direct monetary loss, or obtain an employment advantage by reason of the person’s official activity. Advocacy/Supervision Regarding Family/Household Members A person subject to the Code may not participate in the supervision, evaluation, appointment, classification, promotion, transfer, or discipline of any person in his or her family or a household member. Nor may that person delegate to a subordinate any tasks relating to the supervision, evaluation, appointment, classification, promotion, transfer, or discipline of any person in his or her family or a household member. The Code of Ethics does allow the Commission to approve an alternate chain of command in certain circumstances, but an alternate chain of command may not be presumed acceptable prior to the issuance of a duly-authorized advisory opinion. Participation in Budgets A person subject to the Code of Ethics may not participate in discussions or decision-making regarding a budgetary line item that would address or affect the employment, compensation, or benefits of any person in his or her family or a household member. A person subject to the Code may, however, participate in discussions and decision-making relative to approving or rejecting an entire budget as a whole, provided the person in his or her family or household member is impacted by the entire budget as a member of a significant and definable class of persons, and not individually or to any greater extent than any other similarly situated member of the class. Participation in Collective Bargaining/Employee Contracts A person subject to the Code of Ethics may not participate in negotiations relative to an employee contract or collective bargaining agreement which addresses or affects the employment, compensation, or benefits of any person in his or her family or a household member. A person subject to the Code may, however, participate in discussions and decision-making relative to accepting or rejecting an entire employee contract or collective bargaining agreement as a whole, provided the person in his or her family or household member is impacted by the entire contract or agreement as a member of a significant and definable class of persons, and not individually or to any greater extent than any other similarly situated member of the class. Public Service Among Family Members It is not uncommon for people in the same family to serve the same municipality in different elected or appointed positions. For example, a member of the Town Council might be married to a member of the School Committee. The Town Council member is prohibited by the Code of Ethics from participating in any matter as part of his public duties if he has reason to believe or expect that his spouse is a party to or participant in such matter or will be financially impacted. The Town Council member must also recuse from participation in accordance with the Code of Ethics when his spouse appears or presents evidence or arguments before the Town Council. However, the Town Council member is not required to recuse when his spouse is before the Town Council solely in an official capacity as a member of the School Committee, to participate in non-adversarial information sharing or coordination of activities between the two agencies, provided that the spouse is not otherwise a party or participant, and has no financial interest, in the matter under discussion. A second exception to the requirement that the Town Council member recuse when his spouse is before the Town Council is if the appearance is during a period when public comment is allowed, and the person is there to offer comment on a matter of general public interest, provided that all other members of the public have an equal opportunity to comment, and further provided that the person is not otherwise a party or participant, and has no personal financial interest, in the matter under discussion.