Federal Manager's Daily Report

There are several sets of restrictions against nepotism in the federal workplace, each with their own rules, but certain strategies to avoid being charged with a violation apply to each, MSPB has said.

In a recent publication, the merit board noted that nepotism is banned by criminal statute, federal ethics laws and rules and by the prohibited personnel practice restrictions under civil service laws. “It is possible for an employee’s actions to constitute a violation of only one or two of these rules and not all three,” it said, but “the means to avoid the impropriety tend to be very similar.”

It suggested that if a personnel decision could implicate nepotism restrictions:

Consult the agency’s ethics advisor. “An employee should exercise good judgment by not trying to independently judge his or her own case.”

Disclose the issue to a supervisor or other designated agency official. “An employee’s silence or secrecy can damage the ability of the agency to trust the employee in the future, and this damage can be reflected in the severity of the resulting penalty.”

Withdraw from any role in the decision. “The best way not to become entangled in questionable conduct is for the employee to avoid involvement in such situations entirely when possible and act only if instructed to do so by a well-informed superior after a full disclosure has been made.”