GENERAL SERVICES ADMINISTRATION
Washington, DC 20405
HRM 9310.2
March 4, 2020
GSA ORDER
SUBJECT: Restrictions on Employment of Relatives
1. Purpose. This Order updates the restrictions on the employment of relatives within the General Services Administration (GSA) in accordance with 5 CFR Part 310.
2. Background. 5 CFR Part 310 sets forth legal restrictions on public officials in the employment of relatives.
3. Scope and Applicability.
a. Agencies have the responsibility to ensure policy is followed to avoid nepotism within the Federal Government.
b. The aforementioned Order applies to GSA with the exception of the Office of Inspector General (OIG). The OIG has independent personnel authority. See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App. 3), as amended and GSA Order ADM 5450.39D GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1. Similarly, GSA specifically recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management.
c. This Order applies to the Civilian Board of Contract Appeals (CBCA) only to the extent that the CBCA determines it is consistent with the CBCA’s independent authority under the Contract Disputes Act, and it does not conflict with other CBCA policies or the CBCA mission.
4. Cancellations. This Order cancels and supersedes GSA Order, CPO 9310.2 Restrictions on Employment of Relatives.
5. Nature of Revision. This Order has been updated to align with the current requirements of 5 CFR Part 310.
6. Implementation. The issuance of this Order must be carried out in accordance with applicable laws, regulations, and bargaining agreements.
7. Signature.
/S/________________________________________
MERRICK E. KRAUSE
Acting Chief Human Capital Officer
Office of Human Resources Management
RESTRICTIONS ON EMPLOYMENT OF RELATIVES
1. Introduction. This Order provides guidelines to avoid nepotism at GSA. In accordance with 5 USC § 3110, an individual may not be appointed, employed, promoted, or advanced in or to a civilian position in GSA if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.
2. References.
a. 5 USC § 3110. Employment of relatives; restrictions.
b. 5 CFR § 310.101 - Legal restrictions on public officials in the employment of relatives.
c. 5 CFR § 211.102 – Definitions.
3. Definitions.
a. Appointment. The appointment, designation, or placement of an individual in a job, office, or position, or to perform a duty. A job, office, position, or duty to which one has been appointed.
b. Employment. A paid work agreement between an employer and an employee.
The term applies to a person who is hired for a wage, salary, fee or payment to perform work for an employer.
c. Promotion and Advancement. These terms refer to personnel actions which increase an employee’s grade or pay, provided the action is discretionary with the appointing official, and are not based on a statutory requirement. A within-grade increase is not a promotion or advancement for this purpose.
d. Public Official of GSA. Public official of GSA means any official, supervisor, employee, or other individual who has the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals in GSA or to recommend individuals for appointment, employment, promotion, or advancement in GSA.
e. Preference eligible. A veteran, disabled veteran, sole survivor veteran, spouse, widow, widower, or parent who meets the definition of “preference eligible” under 5 U.S.C. § 2108.
f. Relative. Relative means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, 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.
4. Coverage. All employees of GSA (with the exception of those excluded by law or regulation) are covered by this Order.
5. Responsibilities.
a. The Office of Human Resources Management is responsible for developing and communicating policies regarding the prohibition of nepotism at GSA and providing advice to management on how to resolve problem cases, including appropriate disciplinary action that may be taken, if necessary.
b. Employees are responsible for recusing themselves from any actions that would violate nepotism restrictions and/or have the appearance of such a violation.
6. Restrictions.
a. No public official of GSA shall:
(1) Recommend or advocate a relative for appointment, employment, promotion, or advancement to any position in GSA; or
(2) Refer a relative to another public official for consideration for appointment, employment, promotion, or advancement to any position in GSA.
b. No public official of GSA shall appoint, employ, promote, or advance to a position in GSA:
(1) One of his or her relatives; or
(2) The relative of another public official of GSA if that public official recommended or referred the relative in violation of 6a above.
c. The appointment of an individual who is a preference eligible in any case in which the passing over that individual on a certificate of eligibles furnished will result in the selection for appointment of an individual who is not a preference eligible. The relative is a preference eligible within reach for selection on an appropriate certificate of eligibles from which an alternative selection cannot be made from the certificate without passing over the preference eligible and selecting a person who is not a preference eligible.
7. Exceptions. The restrictions against the appointment of a relative of a public official of GSA do not apply to an appointment in the competitive service when it is necessary to meet urgent needs resulting from an emergency that poses an immediate threat to life or property or a national emergency as defined in 5 CFR 230.402(a)(1). Such appointments shall not exceed 30 days, but may be extended for an additional 30 days if the emergency continues.
8. Documentation and Records Management. No documentation required.
U.S. General Services Administration