Policy Text
Policy
1035Fremont Police Department
Nepotism and Conflicting Relationships
1035.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure equal opportunity and effective employment practices by
avoiding actual or perceived favoritism, discrimination or actual or potential conflicts of interest by
or between members of this department. These employment practices include: recruiting, testing,
hiring, compensation, assignment, use of facilities, access to training opportunities, supervision,
performance appraisal, discipline and workplace safety and security.
1035.1.1 DEFINITIONS
Business relationship - Serving as an employee, independent contractor, compensated
consultant, owner, board member, shareholder, or investor in an outside business, company,
partnership, corporation, venture or other transaction, where the Department employee's annual
interest, compensation, investment or obligation is greater than $250.
Conflict of interest - Any actual, perceived or potential conflict of interest in which it reasonably
appears that a department employee's action, inaction or decisions are or may be influenced by
the employee's personal or business relationship.
Nepotism - The practice of showing favoritism to relatives over others in appointment,
employment, promotion or advancement by any public official in a position to influence these
personnel decisions.
Personal relationship - Includes marriage, cohabitation, dating or any other intimate relationship
beyond mere friendship.
Public official - A supervisor, officer or employee vested with authority by law, rule or regulation
or to whom authority has been delegated.
Relative - An employee's parent, stepparent, spouse, domestic partner, significant other, child
(natural, adopted or step), sibling or grandparent.
Subordinate - An employee who is subject to the temporary or ongoing direct or indirect authority
of a supervisor.
Supervisor - An employee who has temporary or ongoing direct or indirect authority over the
actions, decisions, evaluation and/or performance of a subordinate employee.
1035.2 RESTRICTED DUTIES AND ASSIGNMENTS
The Department will not prohibit all personal or business relationships between employees.
However, in order to avoid nepotism or other inappropriate conflicts, the following reasonable
restrictions shall apply ( Government Code § 12940(a)):
(a)Employees are prohibited from directly supervising, occupying a position in the line of
supervision or being directly supervised by any other employee who is a relative or
with whom they are involved in a personal or business relationship.
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1.If circumstances require that such a supervisor/subordinate relationship exist
temporarily, the supervisor shall make every reasonable effort to defer matters
pertaining to the involved employee to an uninvolved supervisor.
2.When personnel and circumstances permit, the Department will attempt to
make every reasonable effort to avoid placing employees in such supervisor/
subordinate situations. The Department, however, reserves the right to transfer
or reassign any employee to another position within the same classification in
order to avoid conflicts with any provision of this policy.
(b)To ensure the organization maintains proper supervision and subordinate employees
have the opportunity to seek advice or counsel from supervisors, a supervisor who is
involved in a personal relationship with another supervisor, or with a relative of another
supervisor, is prohibited from working the same shift with the other supervisor.
(c)Employees are prohibited from participating in, contributing to or recommending
promotions, assignments, performance evaluations, transfers or other personnel
decisions affecting an employee who is a relative or with whom they are involved in
a personal or business relationship.
(d)Whenever possible, FTOs and other trainers will not be assigned to train relatives.
FTOs and other trainers are prohibited from entering into or maintaining personal or
business relationships with any employee they are assigned to train until such time as
the training has been successfully completed and the employee is off probation.
(e)To avoid actual or perceived conflicts of interest, members of this department shall
refrain from developing or maintaining personal or financial relationships with victims,
witnesses or other individuals during the course of or as a direct result of any official
contact.
(f)Except as required in the performance of official duties or, in the case of
immediate relatives, employees shall not develop or maintain personal or financial
relationships with any individual they know or reasonably should know is under
criminal investigation, is a convicted felon, parolee, fugitive or registered sex offender
or who engages in serious violations of state or federal laws.
1035.2.1 EMPLOYEE RESPONSIBILITY
Prior to entering into any personal or business relationship or other circumstance which the
employee knows or reasonably should know could create a conflict of interest or other violation of
this policy, the employee shall promptly notify his/her uninvolved, next highest level of supervisor.
Whenever any employee is placed in circumstances that would require the employee to take
enforcement action or provide official information or services to any relative or individual with
whom the employee is involved in a personal or business relationship, the employee shall promptly
notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is
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immediately available, the employee shall promptly notify dispatch to have another uninvolved
employee either relieve the involved employee or minimally remain present to witness the action.
An employee who is uncertain about the effect of a