DBE(LEGAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: NEPOTISM

Nepotism Prohibited

  1. The individual is related to the public official within a degree described by Government Code 573.002; or
  2. The public official holds the appointment or confirmation authority as a member of a state or local board, the legislature, or a court, and the individual is related to another member of the board, legislature, or court within a degree described by Government Code 573.002.

Independent Contractor

Compensation of Prohibited Employee

Consanguinity

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

Half-Blood Relatives

Affinity

  1. The person's spouse;
  2. Anyone related by consanguinity to the person's spouse within one of the ways named in Government Code 573.023(c) (first or second degree); and
  3. The spouse of anyone related to the person by consanguinity in one of the ways named in Government Code 573.023(c) (first or second degree).

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.

Abstention

Trading

  1. The individual is related to another public official within the prohibited degree; and
  2. The appointment, confirmation of the appointment, or vote for the appointment or confirmation of the appointment would be carried out in whole or partial consideration for the other public official appointing, confirming the appointment, or voting for the appointment or confirmation of the appointment of an individual who is related to the first public official within a prohibited degree.

Gov't Code 573.044

Federal Funds

Penalties

College of the Mainland

DBE(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/13/2019