CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATIVE MANUAL PART II — PERSONNEL AND TRAINING ANTI-NEPOTISM Authority: 1011 California Constitution Article VII, Government Code section 18500 POLICY 1011.1 Nepotism is prohibited at California Department of Tax and Fee Administration (CDTFA). Nepotism is favoritism by those with power or influence to appoint, employ, promote, advance, or advocate for relatives or persons with whom they have a personal relationship in an employment setting. Nepotism is antithetical to a merit-based personnel system, and CDTFA is committed to the state policy of recruiting, hiring and assigning employees on the basis of merit. Nepotism may exist when personal relationships give rise to the perception of favoritism, bias, or partiality to persons with whom they have a personal relationship; it may also exist when those relationships give rise to the perception of inequity or partiality to other employees. Nepotism may exist when one employee may be perceived to affect another employee’s work assignments, job duties, performance reviews, or promotional opportunities, or where the relationship may impact the integrity, morale, operational functioning, safety, or security of the workplace. As such, two employees with a personal relationship may not have a reporting relationship within the direct chain of command, nor may they sign or approve the other’s expense advances or reimbursements. Other situations may also constitute nepotism, including two employees with a personal relationship within the same chain of command (although not direct) or within the same division or office. Furthermore, employees of CDTFA may not attempt to exert any influence over CDTFA personnel matters involving relatives or persons with whom they have a personal relationship as defined herein. This prohibition shall apply to matters involving hiring, promotion, discipline, performance reviews and any other personnel action. PERSONAL RELATIONSHIP DEFINED Personal relationship means any relationship so personal that other CDTFA employees may reasonably perceive that one of the employees may be motivated to treat the other one more favorably than other employees. That includes, but is not limited to, any familial relationship established by blood, adoption, marriage, or registered domestic partnership. For the purposes of this policy, personal relationships are not limited to familial relationships but also include employees who reside together or have other close personal bonds. IMPLEMENTATION AND DOCUMENTATION Prospective Hires, Promotions, and Transfers All prospective hires, prior to employment, including transfers and reinstatements, must complete, sign, and submit to their hiring supervisor a Verification of Personal Relationships and Hiring of Relatives (form CDTFA-249). The prospective hire must certify whether they have a personal relationship with a current CDTFA employee or not. Administrative clearance to hire will not be granted without an approved form CDTFA-249. The hiring supervisor will promptly submit a prospective hire’s completed form to the Personnel Transactions Section in Human Resources Bureau (HRB). October 2017 CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATIVE MANUAL PART II — PERSONNEL AND TRAINING If the prospective hire does not have personal relationships with any current CDTFA employees, then the hiring supervisor will promptly submit it to the Personnel Transactions Section in Human Resources Bureau (HRB) through the normal hiring process. If a prospective hire discloses a personal relationship on form CDTFA-249, the hiring supervisor must immediately notify the Chief of Human Resources Bureau (HRB Chief). The HRB Chief will prepare a recommendation for the Director’s approval with respect to whether the relationship will violate the Policy. Whenever the Director approves the HRB Chief’s recommendation that a personal relationship of a prospective employee will violate this Policy, CDTFA will refuse to hire, reinstate, or transfer that prospective employee. If a previously undisclosed personal relationship involving a prospective hire is discovered, management may take remedial action to ensure compliance with this Policy. A failure to disclose a personal relationship may result in disciplinary action up to and including dismissal. Current CDTFA Employees In implementing this Policy, current employees are required to complete and sign form CDTFA249 and provide it to their immediate supervisor. Employees must also immediately complete, sign, and submit to their immediate supervisor a new form CDTFA-249 any time circumstances in their personal lives change (such as new or different personal relationships) in a way that could violate this Policy. Upon receipt of an employee’s form CDTFA-249, a supervisor will promptly submit the completed form to the Personnel Transactions Section in HRB for inclusion in the employee’s Official Personnel File (OPF). When an employee submits a form CDTFA-249 to a supervisor disclosing a personal relationship, or when a supervisor learns through other means of a relationship that may violate this policy, that supervisor must immediately notify the HRB Chief. If information regarding an employee’s personal status is reported to the HRB Chief, he/she will discuss the information with the affected employee(s) and make a recommendation to the Director as to whether or not the relationship violates the Policy. The Director will make the determination if a violation has occurred. Whenever the HRB Chief makes a recommendation that personal relationships of employees violate the Policy, and the Director approves that recommendation, management will work with the parties and take actions to remediate noncompliance, which may include involuntary transfer of employees, in accordance with applicable state employment laws and collective bargaining agreements. ADDRESSING NEPOTISM COMPLAINTS Alleged violations of this policy should be reported to the HRB. To file a nepotism complaint, represented and nonrepresented employees shall use form CDTFA-334 and submit to Labor Relations Office, MIC: 18. For more detailed information on filing a complaint, please refer to BEAM section 1604 which may be accessed by using the following link: http://eboe/eboe3/BEAM/Part2/1604.pdf. October 2017