DBE(LEGAL) -

Definition

Nepotism Prohibited

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

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-184 (2000)

Independent Contractor

Superintendent

Counties with Population 35,000 or More

The superintendent is a public official for purposes of the nepotism prohibitions only with respect to a decision made under that delegation of authority; and

Each member of the board remains subject to the nepotism prohibitions with respect to all district employees.

Education Code 11.1513(f)–(h)

Counties with Population Less Than 35,000

Compensation of Prohibited Employee

Consanguinity

Parent or child (first degree);

Brother, sister, grandparent, or grandchild (second degree); and

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).

Gov't Code 573.023(c)

Half-Blood Relatives

Affinity

Gov't Code 573.024

The person's spouse;

Anyone related by consanguinity to the person's spouse within the first or second degree; and

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" )

Thirty days, if the public official is appointed; or

Six months, if the public official is elected.

Gov't Code 573.062(a)

Retirees

Abstention

Substitute Teacher

Bus Driver

Counties with Population Less Than 35,000

Trading

The person is related to another public official within the prohibited degree; and

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

Lumberton ISD

DBE(LEGAL)-P

UPDATE 82

DATE ISSUED: 1/10/2008