Nepotism Rule

Summary of the Rule

Don’t hire relatives.

Examples of the Rule

• You are the general counsel of DWD.  You may not award a contract to or supervise the work of a business owned by your relative.
• You are the hiring manager for FSSA.  You may not hire a relative.
• Your relative is the Commissioner of IDEM.  You may not be employed by IDEM unless you were previously employed with IDEM for at least twelve (12) consecutive months immediately before your relative became the Commissioner of IDEM.
• You are a Regional Manager for DCS.  Case Managers report to the Case Manager Supervisors in their local offices.  Case Manager Supervisors report to their local Office Directors, who in turn report to you.  Your relative cannot be a Case Manager, and in your line of supervision, in any office in your region.
• A position recently opened up at your agency, and you are in the process of reviewing resumes and conducting interviews to staff the opening.  The supervisor to whom this new hire will be reporting contacts you and tells you she would like for you to hire her son-in-law for this position.  You may not hire the son-in-law for this position since doing so would violate subsection (f) of the Nepotism rule, and you could be subject to sanctions yourself for participating in this violation.

Past Advisory Opinions on the Rule

• All Opinions on the Nepotism Rule

The Rule: 42 IAC 1-5-15 Nepotism

Nepotism restrictions are set forth in IC 4-2-6-16.

1. This chapter does not prohibit the continuation of a job assignment that existed on July 1, 2012.
2. As used in this section, "employed" refers to all employment, including full-time, part-time, temporary, intermittent, or hourly.  The term includes service as a state officer or special state appointee.
3. An individual employed in an agency may not hire a relative.
4. Except as provided in subsection (e), an individual may not be employed in the same agency in which an individual's relative is the appointing authority.
5. An individual may be employed in the same agency in which the individual's relative is the appointing authority, if the individual has been employed in the same agency for at least twelve (12) consecutive months immediately preceding the date the individual's relative becomes the appointing authority.
6. Except as provided in subsection (e), an individual may not be placed in a relative's direct line of supervision.
7. An individual employed in an agency may not contract with or supervise the work of a business entity of which a relative is a partner, executive officer, or sole proprietor.
8. Any person within an agency who knowingly participates in a violation of this chapter is subject to the penalties set forth in section 12 of this chapter.