DBE(LOCAL) - EMPLOYMENT REQUIREMENTS AND RESTRICTIONS: NEPOTISM

Definitions

In this policy, the term "supervise" includes the direct supervision of another person, the responsibility to give direction to such person, or the evaluation of such person or his or her performance.

In this policy, the term "person" includes both employees and independent contractors of the District.

In this policy, the term "consanguinity" shall have the same definition as is contained in DBE(LEGAL).

In this policy, the term "affinity" shall have the same definition as is contained in DBE(LEGAL).

Nepotism Prohibited

Except as provided by this policy, a District employee may not supervise another person who is directly or indirectly compensated from public funds or fees of office if:

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.

Compensation of Prohibited Employee

No District employee may approve an account or draw or authorize the drawing of a warrant or check or order to pay the compensation of an ineligible person if the official knows the person is ineligible.

Half-Blood Relatives

There is no distinction under the nepotism statute between half-blood and full-blood relations. Thus, half-blood relationships fall within the same degree as those of the full blood. Atty. Gen. Op. LO-90-30 (1990)

Progreso ISD

DBE(LOCAL)-X

LDU 2013.02

DATE ISSUED: 1/21/2014