State Codes and Statutes

Statutes > Nebraska > Chapter49 > 49-1499_07

49-1499.07. Executive branch; nepotism prohibited;restrictions on supervisors; legislative intent for legislative branch andjudicial branch.(1)For purposes of this section:(a) Family member meansan individual who is the spouse, child, parent, brother, sister, grandchild,or grandparent, by blood, marriage, or adoption, of an official or employeein the executive branch of state government;(b) Nepotism means the act of hiring,promoting, or advancing a family member in state government or recommendingthe hiring, promotion, or advancement of a family member in state government,including initial appointment and transfer to other positions in state government;and(c)Supervisor means an individual having authority, in the interest of the state,to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward,or discipline employees, responsibility to direct them or to adjust theirgrievances, or effectively to recommend any such action, if the exercise ofsuch authority is not merely of a routine or clerical nature but requiresthe use of independent judgment.(2) Except as authorized in subsection (5) of thissection, an official or employee in the executive branch of state governmentshall not engage in nepotism.(3) Except as authorized in subsection (5) of thissection, an official or employee in the executive branch of state governmentshall not act as a supervisor to his or her family member.(4) In addition to theother penalties authorized under the Nebraska Political Accountability andDisclosure Act, any person violating this section may be subject to disciplinaryaction.(5)(a)The head of an agency may, upon a written showing of good cause, grant anexception to subsection (2) or (3) of this section. The written showing ofgood cause shall be filed with the commission and shall be considered a publicrecord.(b)An official or employee in the executive branch of state government who becomesa supervisor to his or her family member other than by means of nepotism shallnotify the head of the agency within seven days of becoming aware of suchsituation and may continue to act as a supervisor until the head of the agencyremedies the situation. The head of the agency shall act as soon as practicable.(6) It is the intentof the Legislature that the legislative branch and the judicial branch ofstate government develop and implement internal policies prohibiting nepotismand the supervision of a family member. SourceLaws 2009, LB322, § 2.