(a) No Native American grantee, subgrantee, contractor or employing
agency shall permit the hiring of any person in a staff position or as a
participant if that person or a member of that person's immediate family
is employed in an administrative capacity by the Native American
grantee, subgrantee or contractor. The Native American grantee may waive
this requirement if adequate justification is documented. The following
are examples where the nepotism provision may be waived:
(1) If there are no other persons eligible and available for
participation or employment by the Native American grantee;
(2) Where the Native American grantee's total service population is
2,000 or less, or where the geographical situation of an Indian or
Native American community is rural and isolated from other communities
within the designated service area; or
(3) Where the potential participant has a history of unemployment or
dependence on public assistance.
(b) A Native American grantee may develop its own nepotism policy in
lieu of the policy in paragraph (a) of this section. The Chief, DINAP,
shall review any such policy before its implementation and shall approve
or disapprove it. Any such policy shall be described in the Master Plan
and have adequate safeguards to prevent persons employed in an
administrative capacity for the Native American grantee, its subgrantees
or contractors from using such position to secure JTPA services or other
benefits for a member of his or her immediate family. A satisfactory
policy shall include the following minimum criteria:
(1) All formal personnel procedures shall be followed;
(2) There shall be full written disclosure to the governing body
describing all advantages, conflicts and/or disadvantages which may
result from the specific personnel action; and
(3) No member of the immediate family of the applicant shall
participate in the applicant's selection.
(c) For purposes of this section, the term ``immediate family''
means wife, husband, son, daughter, mother, father, brother, and sister.
The term ``staff position'' includes all JTPA staff positions funded
under the Act such as instructors, counselors, and other staff involved
in administrative, training or service activities. The term ``employed
in an administrative capacity'' includes those persons who have overall
administrative responsibility for a program including: All elected and
appointed officials who have any responsibility for the obtaining of or
approval of any grant funded under this part as well as other officials
who have any influence or control over the administration of the
program, such as the project director, deputy director and unit chiefs;
and persons who have selection, hiring, placement or supervisory
responsibilities for participants in a Native American employment and
training program. The term excludes officials of entities belonging to a
consortium who are not at the same time officials of the consortium.
Persons serving on a Native American grantee's advisory councils or PIC
shall not be considered to be in an administrative capacity.
