Private Acts of 1985 Chapter 27

SECTION 1.  This Act shall be known and may be cited as the "Haywood County Employees Uniform Nepotism Policy Act of 1985".

SECTION 2.  As used in this Act, unless the context otherwise requires:

(1)  "Governmental entity" means any Haywood County agency, authority, board, commission, department, or office within the executive, judicial branch or legislative branch of county government or any autonomous Haywood County agency, authority, board, commission, department, office;

(2)  "Relative" means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household;

(3)  "County employee" means any person who is employed by any county governmental entity of Haywood County.

SECTION 3.  Within each governmental entity, no county employees who are relatives shall be placed within the same direct line of supervision whereby one (1) relative is responsible for supervising the job performance or work activities of another relative; provided, however, to the extent possible, the provisions of this Act shall not be construed to prohibit two (2) or more such relatives from working within the same county governmental entity.

SECTION 4.  When as a result of a marriage, county employees are in violation of the prohibition established by Section 3, such violation shall be resolved by means of such transfer within the  governmental entity, transfer to another governmental entity, or resignation as may be necessary to remove such violation.  Such employees shall be given the opportunity to select among such available alternatives.  If such employees are unable to agree upon any such alternative within sixty (60) days, then the appointing authority shall take appropriate action to remove such violation.

SECTION 5.  The prohibition established by this Act shall not be applied retroactively but shall be adhered to by each governmental entity in all hiring and employee transactions after the ratification of this Act as required in Section 7.

SECTION 6.  The provisions of this Act shall be applied uniformly and shall constitute the nepotism policy of each governmental entity.  No such governmental entity shall adopt a nepotism policy which conflicts with the provisions of this Act.

SECTION 7.  This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body of Haywood County before September 1, 1985.  Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified by him to the Secretary of State.

SECTION 8.  For the purpose of approving or rejecting the provisions of this Act, it shall be effective upon becoming a law, the public welfare requiring it.  For all other purposes, it shall become effective upon being approved as provided in Section 7.

Passed:  March 18, 1985.