Md. Admin. Order of 2006-05-04 (Altering Anti-Nepotism Order)

IN THE COURT OF APPEALS OF MARYLAND

WHEREAS, The Court of Appeals established a uniform anti-nepotism policy, by

Administrative Order dated October 3, 1996, effective October 15, 1996, for the stated

purposes of avoiding the appearance of partiality and emphasizing the importance of merit

in hiring and promotion of Judicial Branch employees, whether compensated from State,

local, or federal funds; and

WHEREAS, The Chief Judge of the Court of Appeals, by Administrative Order dated

January 31, 1997, amplified the policy by barring judges of the Maryland Judiciary from

involvement in the hiring process of employees of any unit within the Department of Public

Safety and Correctional Services; and

WHEREAS, The personnel regulations clarify familial relationships and the

application of the policy to contractual, regular, and temporary employment and to

employment practices in addition to recruitment, selection, and promotion; and

WHEREAS, A mechanism, consistent with the policy, for approval of employment

of relatives, on recommendation of certain administrative judges and concurrence of a

majority of the Court of Appeals is appropriate in instances of unusual circumstances

involving temporary and limited employment;

NOW, THEREFORE, it is this 4th day of May, 2006, ORDERED, by the Court of

Appeals of Maryland, pursuant to the authority conferred by Article IV, §18 of the Maryland

Constitution, that, effective immediately, the Administrative Orders dated October 3, 1996,

and January 31, 1997, are rescinded, and the following criteria shall apply to all employment

relationships created after the effective date of this Order, as follows:

1. “Relative” Defined.

For purposes of this Order, “relative” means:

a. Spouse of an employee;

b. Child of an employee or employee’s spouse, including a stepchild and

current foster child;

c. Parent of an employee or employee’s spouse, including a stepparent or

other individual who took the place of a parent;

d. Grandparent of an employee or employee’s spouse, including a step-

grandparent or other individual who took the place of a grandparent;

e. Sibling of an employee or employee’s spouse, including a step- and

half-sibling;

f. Aunt or uncle of an employee or employee’s spouse;

g. Nephew or niece of an employee or employee’s spouse;

h. First cousin of an employee or employee’s spouse;

i. Son-in-law or daughter-in-law of an employee or employee’s spouse;

and

j. Brother-in-law or sister-in-law of an employee or employee’s spouse.

2. Policy for Judicial Branch Employment.

It is the policy of the Maryland Judicial Branch that recruitment, selection, promotion,

reassignment, and transfer of employees be based on their demonstrated ability, knowledge,

and skills and that demotion or other appropriate disciplinary action not be avoided or

otherwise affected by familial relationships.

3. Limitations on Relationships.

a. Relatives who meet established requirements for job vacancies based

on their qualifications and performance are not ineligible for Judiciary employment, except

that, subject to subsection c of this Section:

(i) A superior-subordinate relationship shall not occur at or after the

time of employment;

(ii) A relative may not assume for another the role of advocate with

respect to any condition of employment, promotion, reassignment, transfer, or demotion or

other disciplinary action;

(iii) A relative of the clerk of a court or of any active judge of that

court is ineligible for employment in the same office as the clerk; and

(iv) More than one relative may not work for the same supervisor,

without the prior approval of the Judicial Branch’s Human Resources Department.

b. If employees become relatives while employed by the Judiciary, the

appointing authority with control over the employees shall ensure that a superior-subordinate

relationship does not occur.

c. On recommendation of a circuit or district administrative judge, the

Court of Appeals may approve, by majority vote, the employment of a relative otherwise

contrary to the requirements set forth in subsection a of this Section but only in instances of

unusual circumstances involving temporary and limited employment.

4. Disclosure; Penalties.

a. Each applicant for employment by the Judicial Branch shall be required

to disclose in writing the name of each relative employed by the Branch.

b. Each employee of the Judicial Branch shall be required to disclose in

writing any prohibited relationship that may arise due to demotion, promotion, reassignment,

or transfer of the employee or an election.

c. Failure of an applicant or employee to provide complete and accurate

information may result in termination of employment with the Judicial Branch.

5. Department of Public Safety and Correctional Services.

No judge of the Maryland Judicial Branch shall have any involvement in the hiring

process for employees of any unit within the Department of Public Safety and Correctional

Services.

6. Effect of Rescission of Prior Orders; Application of This Order.

a. Rescission of the Administrative Orders dated October 3, 1996, and

January 31, 1997, does not validate or otherwise affect any employment relationship in

violation of those Orders.

b. Subject to subsection a of this Section, an employee relationship that

exists before the effective date of this Order and comes within its purview will be permitted

to continue subject to satisfactory job performance, but this Order shall govern any

promotion, reassignment, transfer, or disciplinary action occurring on or after the effective

date of this Order as to such relationship.

/s/ Robert M. Bell

/s/ Irma S. Raker

/s/ Alan M. Wilner

/s/ Dale R. Cathell

/s/ Glenn T. Harrell, Jr. .

/s/ Lynne A. Battaglia

/s/ Clayton Greene, Jr.

Filed: May 4, 2006

/s/ Alexander L. Cummings

Alexander L. Cummings

Clerk

Court of Appeals of Maryland