Policy: 1.5 Nepotism

Adoption Date: JANUARY 27, 2025 - Revised

1. TRUSTEE RELATION

Definition: In this policy the term “appoint” includes appointing, confirming the appointment of, and voting to appoint or confirm the appointment of a person.

A. NEPOTISM PROHIBITED

Except as provided by this policy, a Trustee may not appoint a person to a position that is to be directly or indirectly compensated from public funds or fees of office if:

1. The person is related to the Trustee by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree [see below]; or

2. The Trustee holds the appointment or confirmation authority as a member of the 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, 573.041; Atty. Gen. Op. JC-0184 (2000)

B. INDEPENDENT CONTRACTOR

The Board shall not hire an individual, whether the employee is hired as an individual or an independent contractor. Atty. Gen. Op. DM-76 (1992)

C. COMPENSATION OF PROHIBITED EMPLOYEE

A Trustee may not approve an account or draw or authorize the drawing of a warrant or order to pay the compensation of an ineligible person if the official knows the person is ineligible. Gov’t Code 573.083

D. CONSANGUINITY

The nepotism provisions apply to relationships within the third degree by consanguinity (related by blood). Two persons are related to each other by consanguinity if one is a descendant of the other or if they share a common ancestor. An adopted child is considered to be a child of the adoptive parents. Gov’t Code 573.002, 573.022

The degree of relationship by consanguinity between a person and his or her descendant is determined by the number of generations that separate them. An individual’s relatives within the third degree by consanguinity are the individual’s

1. Parent or child (first degree);

2. Brother, sister, grandparent, or grandchild (second degree);

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).
Gov’t Code 573.023

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)

E. AFFINITY

The nepotism provisions apply to relationships within the second degree by affinity (related by marriage). Two persons are related to each other by affinity if they are married to each other or if the spouse of one of the persons is related by consanguinity to the other person. Divorce or the death of a spouse terminates the relationships by affinity created by that marriage unless a child of the marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives. Gov’t Code 573.024

A husband and wife are related to each other in the first degree by affinity. For other relationships, the degree of relationship by affinity is the same as the degree of the underlying relationship by consanguinity. For example, if two persons are related to each other in the second degree by consanguinity, the spouse of one of the persons is related to the other person in the second degree by affinity.

A person’s relatives within the second degree by affinity are:

1. Anyone related by consanguinity to the person’s spouse within the first or second degree;
or

2. The spouse of anyone related to the person by consanguinity within the first or second degree. Gov’t Code 573.025

F. EFFECT OF TRUSTEE RESIGNATION

All Trustees shall continue to perform the duties of their offices until their successors shall be duly qualified, i.e. sworn in. Until the vacancy created by a Trustee’s resignation is filled by a successor, the Trustee continues to serve and have the duties and powers of office, and a relative within a prohibited degree of relationship is barred from employment. Tex. Const., Art. XVI, Sec. 17; Atty. Gen. Op. JM-636 (1987)

G. CONTINUOUS EMPLOYMENT EXCEPTION

The nepotism prohibitions described in this policy shall not apply to the appointment of an individual to a position if the individual is employed in the position immediately before the election or appointment of the Trustee to whom the individual is related in a prohibited degree and that prior employment is continuous for at least:

1. Thirty days, if the Trustee is appointed; or
2. Six months, if the Trustee is elected.
Gov’t Code 573.062(a)

If an employee continues in a position under this exception, the Trustee who is related to the employee in a prohibited degree shall not participate in any deliberation or voting on the appointment, reappointment, employment, re-employment, change in status, compensation, or dismissal of the employee, if the action applies only to the employee and is not taken regarding a bona fide class or category of employee. Gov’t Code 573.062(b)

A “change in status” includes a reassignment within an organization, whether or not a change in salary level accompanies the reassignment. Atty. Gen. Op. JC-0193 (2000)

For an action to be “taken with respect to a bona fide category of employees”, the officeholder’s action must be based on objective criteria, which do not allow for the preference of discretion of the officeholder. Atty. Gen. Op. DM-46 (1991)

H. TRADING

A Trustee may not appoint a person to a position in which the person’s services are under the Trustee’s direction or control and that is to be compensated directly or indirectly from public funds or fees of office if:

1. The person is related to another Trustee within the prohibited degree; and
2. The appointment would be carried out in whole or in partial consideration for the other Trustee’s appointing a person who is related to the Trustee within a prohibited degree.
Gov’t Code 573.044

I. FEDERAL FUNDS

The rules against nepotism apply to employees paid with public funds, regardless of the source of those funds. Thus, the rules apply in the case of a teacher paid with funds from a federal grant. Atty. Gen. L.A. No. 80 (1974)

J. PENALTIES

An individual who violates the nepotism prohibitions shall be removed from his or her position. Tex. Gov’t Code 573.081, 573.082.

An individual who violates Government Code 573.041 (Prohibition on Trustees), 573.062(b) (see CONTINUTOUS EMPLOYMENT EXCEPTION, above) or 573.083 (see COMPENSATION OF PROHIBITED EMPLOYEE, above) commits an offense involving official misconduct. Gov’t Code 573.084

2. EMPLOYMENT OF RELATIVES

Withstanding the above restrictions, the college permits the employment of relatives within the scope of the following policy. Relatives are defined by this policy to include relationships to the third degree of consanguinity and second degree of affinity. All employees (full-time and part-time), excluding part-time temporary of the college, as well as consultants and contractual individuals will be in accordance with the following:

1. No employee can be hired to work within the “chain of command” or in a reporting or supervisory/management relationship of a relative such that one relative’s work responsibilities, salary, or career progress could be influenced by the other relative.

2. Employees may not participate in professional review or decisions such as the hiring, promotion, retention, and sole contractual arrangements of a relative prohibited by this policy.

3. Immediate supervision of one employee by a related employee in a prohibited relationship will not be allowed.

4. When the marriage of two individuals places either of them or one of their relatives as defined by this policy in conflict with this policy, the supervisory relationship will be addressed so that there is no familial influence.

5. It may be that other personal relationships equate to a relative-type relationship such that an objective and equitable supervisory decision is not possible; in all such cases, the President shall be consulted to ensure consistency with the spirit and intent of this policy.

A. CONTINUOUS EMPLOYEE EXCEPTION/PROMOTIONS AND EMPLOYMENTS OF SUPERVISORS

The nepotism prohibitions described in this policy shall not apply to the renewal of an individual currently employed by the college if the individual is employed in the position immediately before the promotion or employment of an individual with supervisory responsibilities in a “chain of command” to whom the individual is related in a prohibited degree, and that prior employment is continuous for at least six months before the date of the promotion or 30 days before the date of employment.

If a person continues in a position under this exception, the supervisor who is related to the employee shall not participate in any deliberation or voting on the appointment, reappointment, employment, re-employment, change in status, compensation, or dismissal of the employee, if the action applies only to the employee and is not taken regarding a bonafide class or category of employee.

Through the promotion or appointment of an individual to a supervisory position, there can be no immediate supervision in a prohibited relationship.

B. EXCEPTIONS

Exceptions to this policy are allowed with the approval of the President if it is in the best interest of the college. Exceptions recommended by the President relative to cabinet members must be approved by the Board.

C. RELATION TO COLLEGE PRESIDENT

There are no exceptions as provided in this policy relative to the employment of prohibited relatives of the college President.

D. TEACHING AND OVERSIGHT OF STUDENT RELATIVES IN THE PROHIBITED CATEGORIES

Although not prohibited by law, teaching and oversight of student relatives in prohibited categories should be carefully considered as referenced in the paragraphs above. Being a small, rural institution with limited staff in certain positions and educational options for students, employees should report the relationship to his/her supervisor so that efforts can be made upfront to limit these scenarios when possible. Cabinet members should be consulted. If alternate options are not available for the student, efforts to assure a focus on fairness to all concerned must be taken and to be proactive with action plans in the event of conflicts. In the event of a conflict, the related college employee should report the matter to the supervisor(s) immediately so that handling of the matter can be dealt with by another employee as deemed appropriate for the situation. The Cabinet member should be consulted. In some instances, the President should be informed. The employee should immediately distance themselves from the matter. Appropriate actions can be determined by the supervisor and cabinet member to resolve the matter outside of the existing relationship considering fairness for all parties involved.