DBE(LEGAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: NEPOTISM

Definition

Nepotism Prohibited

  1. The person is related to the public official by consanguinity (blood) within the third degree or by affinity (marriage) within the second degree [see below]; or
  2. The public official holds the appointment or confirmation authority as a member of a local board and the person is related to another member of the board by blood or marriage within a prohibited degree.

Gov't Code 573.002, .041; Atty. Gen. Op. JC-0184 (2000)

Independent Contractor

Compensation of Prohibited Employee

Consanguinity

  1. Parent or child (first degree);
  2. Brother, sister, grandparent, or grandchild (second degree); and
  3. Great-grandparent, great-grandchild, aunt or uncle (who is a sibling of a parent of the person), nephew or niece (who is a child of a brother or sister of the person) (third degree).

Half-Blood Relatives

Gov't Code 573.023

Affinity

Gov't Code 573.024

  1. The person's spouse;
  2. Anyone related by consanguinity to the person's spouse within the first or second degree; and
  3. The spouse of anyone related to the person by consanguinity within the first or second degree.

Gov't Code 573.025

Effect of Board Member Resignation

Exceptions

Continuous Employment ('Grandfather Clause')

  1. Thirty days, if the public official is appointed; or
  2. Six months, if the public official is elected.

Gov't Code 573.062(a)

Retirees

Abstention

Trading

  1. The person is related to another public official within the prohibited degree; and
  2. The appointment would be carried out in whole or in partial consideration for the other public official's appointing a person who is related to the first public official within a prohibited degree.

Gov't Code 573.044

Federal Funds

Penalties

Region III Education Service Center

DBE(LEGAL)-ESCA

UPDATE 16

DATE ISSUED: 7/12/2011