3 FAM 8320
Nepotism
(CT:PER-1187; 05-15-2024)
(Office of Origin: GTM/CDA and GTM/CSTM)
3 FAM 8321 overview
(CT:PER-1187; 05-15-2024)
(State Only)
This material applies equally to Foreign Service and Civil Service employees, Personal Services Contractors, interns/externs, detailees, and fellows of the U.S. Department of State. It does not apply to overseas local hires or Eligible Family Members hired under family member appointments (FMA/Temporary), which are addressed in 3 FAM 8310.
3 FAM 8322 AUTHORITies
(CT:PER-719; 01-08-2014)
(State Only)
Authorities are found under:
· 5 U.S.C. 3110, Employment of relatives; restrictions;
· 5 U.S.C. 2302(b)(7), Prohibited personnel practices;
· 18 U.S.C. 208, Acts affecting a personal financial interest;
· 5 CFR 2640, Interpretation, exemptions, waiver guidance concerning 18 U.S.C. 208; and
· 5 CFR 310, Employment of relatives.
3 FAM 8323 DEFINITIONS
(CT:PER-1187; 05-15-2024)
(State Only)
a. For the purpose of these nepotism regulations:
(1) A “relative” is a husband, wife, domestic partner as defined in 3 FAM 1600, father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister;
(2) An “employee” is a Foreign Service or Civil Service employee of the U.S. Department of State, or a PSC employee, with the exception of overseas local hires, which are addressed in separate nepotism regulations set forth at 3 FAM 8310;
(3) "General supervision" refers to a situation where an employee occupies a position at any level in the line of supervision over another employee;
(4) “Office Director” refers to the head of an office;
(5) "Personal Services Contract (PSC)" refers to a contract with an individual pursuant to express statutory authority that is characterized by the employer-employee relationship it creates between the U.S. government and the contractor;
(6) "Personal Service Contractor " refers to a person hired through a personal services contract and not through direct U.S. government hiring; and
(7) "Public official" refers to an employee of the Department of State who has the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in the Department of State.
3 FAM 8324 GENERAL
(CT:PER-1187; 05-15-2024)
(State Only)
An employee must be cautious to avoid any actions that could create the perception of benefiting or affecting a relative's career or responsibilities. Failure to separate official authority from actions influencing or appearing to influence a relative's career progression may lead to a violation of 5 U.S.C. 3110 and the prohibited personnel practice provisions of 5 U.S.C. 2302(b)(7).
3 FAM 8325 EMERGENCY EXCEPTIONS
(CT:PER-1187; 05-15-2024)
(State Only)
When necessary to meet urgent needs resulting from an emergency posing an immediate threat to life or property, or a national emergency as defined in 5 CFR 230.402(a)(1), a public official may employ relatives to meet those needs without regard to the restrictions in 5 U.S.C. 3110, and this part. Such appointments are temporary and may not exceed one month, but may be extended for a second month if the emergency need still exists, consistent with 5 CFR 310.202. This exception applies notwithstanding the provision in 3 FAM 8326(e), below.
3 FAM 8326 PROHIBITED CONDITIONS
(CT:PER-1187; 05-15-2024)
(State Only)
a. An employee is prohibited from appointing, employing, promoting, or advocating for the appointment, employment, promotion, and advancement of their relatives. Similarly, no employee can be appointed, employed, promoted, advanced, or assigned to a position if an employee who is a relative of the individual has advocated on their behalf for the position.
b. Should an employee or anyone the employee supervises have a relative applying for a position, that employee may not participate in the selection process. This includes, but may not be limited to, being part of the hiring committee, defining job requirements, or any other involvement in the selection process. An employee’s participation in any aspect of the employment selection or assignment process may disqualify the employee’s relative from consideration for that position.
c. No employee may exercise general supervision (as defined above) over a relative, except in the limited circumstances provided by 3 FAM 8325 and 3 FAM 8326(e). Employees may not sign or approve any official actions directly affecting a relative, including but not limited to appointment affidavits and personnel actions. An employee may not grant security clearances, certify time and attendance records, approve travel, or certify payments; initiate, participate in, or approve awards or disciplinary actions; prepare or approve job descriptions; establish work requirements; act as a certifying or contracting officer on documents which are signed by a relative; or approve official documents (such as passports or visas) prepared by a relative.
d. An employee and a relative may not be placed into positions that would require reconfiguration of lines of supervision and work processes in such a manner as would be reasonably expected to have an adverse effect on the mission of the government or other employees.
e. Though no employee may exercise general supervision (as defined above) over a relative, or have a working relationship which has or gives the appearance of having direction or control over the duties, assignment, promotion, or career of a relative, an employee may exercise temporary supervision of a spouse for up to 90 days so long as no alternate supervisory structure may be reasonably available in accordance with 3 FAM 8326(d), above. Employees exercising temporary supervision over their spouses must continue to abide by the provisions of 3 FAM 8326(c), above.
3 FAM 8327 NEPOTISM
(CT:PER-1187; 05-15-2024)
(State Only)
An employee and a relative may not be placed into positions wherein they jointly and exclusively control government resources, property, or money, or establish government policy.
3 FAM 8328 ANTI-NEPOTISM REVIEW PROCEDURES
(CT:PER-1187; 05-15-2024)
(State Only)
a. Posts and bureaus must request and receive the approval of the Director General of the Foreign Service and Director of Global Talent (DGTM) before employing or assigning a relative in or to the same post or bureau if any of the following conditions apply:
(1) If the employee or potential employee is (a) a relative of an ambassador, chief of mission, deputy chief of mission, principal officer, or deputy principal officer, and is to be employed or assigned to the same post or (b) a relative of any employee hired domestically at the level of a Deputy Assistant Secretary or higher and is to be employed or assigned: (i) domestically to a position with the Department in the same bureau or under the relative’s general supervision or (ii) overseas to a post that will come within the responsibility of the relative based domestically;
(2) The employee has a proposed Domestic Employee Teleworking Overseas (DETO) arrangement and the DETO candidate is the relative of the Chief of Mission (or individual serving as the Chief of Mission).
(3) Any elements of the “Prohibited Conditions,” listed in 3 FAM 8326 or Department nepotism policy that appear to exist.
(4) Substantial rearrangement or realignment of duties or responsibilities is required in order to comply with the requirements of this regulation.
Posts and bureaus should refer to GTM Standard Operating Procedure A-11b for additional clarifying guidance on the anti-nepotism review process. Specific questions may be directed to TandemCoordinator@state.gov.
b. Subject to the guidelines in 3 FAM 8326 and 8327, the DGTM may approve or disapprove the employment or assignment of relatives both abroad and domestically. The Director of the Bureau of Global Talent Management, Office of Career Development and Assignments (GTM/CDA) is authorized to act on behalf of the DGTM with respect to the employment or assignment of Foreign Service relatives abroad and domestically, and the Director of the Office of Civil Service Hiring and Resource Management (GTM/CSTM) with respect to Civil Service employed domestically. Requests for approval must be submitted through an Action Memo to the DGTM or the relevant HR office. Approval or disapproval by the DGTM (or the relevant HR office) of a request for employment or assignment is subject to clearance by the Assistant Legal Adviser for Employment Law (L/EMP). Appeals of determinations by the relevant HR office may be addressed to the DGTM, who may sustain or amend any determination. Appeals should be transmitted by the appropriate bureau to M/DGTM.
c. In reviewing requests for approval of employment, assignment, or Alternative Supervisory Arrangements (ASA), the DGTM should consider, in addition to the factors outlined elsewhere in these provisions, issues such as the potential impact of the proposed arrangement on (1) the morale and perceptions of other Department employees; and (2) the willingness of Department employees serving under one or both of the employees in question to pursue actions or raise disputed matters that might impact or conflict with the work conducted by the other relative or those under that other relative's supervision.
d. Requests for approval should include information such as action requested, concurrence from post and/or bureau management, background details, supervision structure, handling of awards, resource allocation, official correspondence and cables, property management, certification of time and attendance, ethical considerations and agreement of all parties involved.
e. Determinations by the DGTM remain in effect only so long as the approved employment conditions remain unchanged and with approval of all the individuals in the employees' chain of command.
f. The concurrence of a supervisor or higher management official to an ASA is not binding on his/her successor. Should a new supervisor or higher management official not wish to participate in or approve a pre-existing alternative supervisory arrangement, it will be revoked, and the Department may determine that one relative may have to choose between either electing to request LWOP or facing curtailment or reassignment.
3 FAM 8329 SAMPLE SCENARIOS
(CT:PER-1187; 05-15-2024)
(State Only)
The scenarios below are intended to assist posts and bureaus in determining whether an anti-nepotism review (ANR) is required.
1. A post's economic section chief and public diplomacy section chief are related but were not involved in one another's hiring or selection process. They both serve on post's emergency action committee, ICASS committee, and awards committee, along with numerous other, unrelated individuals. Both have served as acting DCM, but never for more than 30 calendar days. For the period that either spouse is acting DCM, they must recuse themselves from substantive meetings or interactions in which the spouses would exercise joint and exclusive control of government resources, property, money, or set policy, or any actions that would violate 3 FAM 8326(b) or (c), above. Post must also agree that the non-acting spouse will report directly to the Ambassador or CDA, a.i., and not to their spouse as acting DCM; in turn, the spouse acting as DCM must not act as CDA, a.i. Should these conditions be reached, an ANR is not required, as the related individuals do not jointly and exclusively control resources, property, money, or set policy, neither serves as acting DCM for a lengthy enough period to trigger ANR provisions, and their working relationship would not violate the provisions of 3 FAM 8326 or 8327.
2. A post's general services officer/contracting officer and financial management officer/certifying officer are related. They do not sit on any common committees, neither serves as acting DCM, and they were not involved in one another's hiring or selection process. Post's management counselor has designated the information management officer as her backup when she is on leave to avoid creating a situation where one relative supervises the other. An ANR is required in this case because, absent substantial rearrangement of duties, the general services officer and financial management officer would have a continuing and substantive working relationship and would jointly and exclusively control resources and money at post through the procurement process.
3. A first tour vice consul and the deputy American Citizens Services chief in the consular section are related but were not involved in one another's hiring or selection process. Both serve on post's housing board. The vice consul is assigned exclusively to the visa unit, and the deputy American Citizens Services chief never serves as acting consular section chief. An ANR is not required in this case because, while both relatives are assigned to the same section at the post, their work will not overlap such that they would be expected to have a continuing and substantive working relationship that would conflict with the conditions outlined in 3 FAM 8326 and 8327.