Prohibits elected officials, state officers or employees, members of the legislature and legislative employees from supervising a relative

1 Co-sponsor

• Liz Krueger

Title of bill

An act to amend the public officers law, in relation to prohibiting elected officials, state officers or employees, members of the legislature and legislative employees from supervising a relative

Purpose

To amend Public Officers Law §73(14)(a) to prohibit a State employee from supervising a relative.

Summary of provisions

Section one amends Public Officers Law §73 (14)(a) to prohibit a State officer or employee from directly supervising a relative in the performance of his or her official State duties.

Section two provides for an immediate effective date.

Existing law

Public Officers Law § 73(14)(a) prohibits a statewide elected official, state officer or employee, member of the Legislature or legislative employee from participating in any decision to promote, discipline or discharge a relative.

Prior legislative history

This is a new proposal.

Statement in support

The new nepotism law fails to recognize that supervision of an employee plays an important role in the decision to promote, discipline or discharge all employee. Clearly, the assignment of tasks, observations and assessments concerning how an individual performs his/her duties, interpersonal skills, timeliness and the desire to take on additional responsibilities all derive from the supervisory relationship.

Leaving the decision to promote, discipline or discharge an individual to someone who has not had firsthand knowledge of the employee's performance, however, puts both the employee and the decision-maker at a significant disadvantage. Moreover, allowing one relative to supervise another can create animosity and resentment among co-workers and call into question a supervisor's objectivity when dispensing work assignments, performance evaluations, etc. A number of states with nepotism statutes, including Tennessee, Utah, Wyoming, Indiana, North Dakota, and Alaska include supervision among those activities prohibited by law.

By including supervision among those activities prohibited by the nepotism statute, questions of preferential treatment on the part of the supervisor would be eliminated. This proposal would also promote employment actions which are fair, objective, and based on direct and meaningful observations of performance.

Budget implications

None.

Effective date

This act shall take effect immediately.