4.03 Nepotism Appointments

1. It is unlawful for any person elected or appointed to any public office or position under the laws of the state to appoint as deputy, clerk, or helper in said office or position to be paid from the public funds any person related by consanguinity or affinity, with the third degree, to the person elected, appointed, or making said appointment, unless such appointment shall first be approved by the officer, Board, council, or commission whose duty it is to approve the bond of the principal; provided this provision shall not apply in cases where such person appointed receives compensation at the rate of $600 per year or less, nor shall it apply to persons teaching in public schools. No person so unlawfully appointed or employed shall be paid to receive any compensation from the public money and such appointment shall be null and void and any person or persons so paying the same or any part thereof, together with their bondsman, shall beliable for any and all moneys so paid (Code 71)
2. A person responsible for recommending the employment of staff members for a department shall not employ in any position in that department any person related as follows:
   
   1. By blood: parent, child, brother, sister, first cousin, uncle, aunt, nephew, niece.
   2. By marriage: husband, wife, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild.

The provisions in paragraph B shall apply to persons whose marital status changes during employment. In such cases, one of the persons affected must leave the position in the department not later than one year after the marital status has changed, but the employee leavingmay be re-employed elsewhere in the institution subject to the provisions in paragraph B.

The provisions in paragraph B shall apply to both full-time and part-time employees (including students), except those who are on a part-time retirement basis, but the chief executive officer of each institution or the officer's designated representative may make exception to the foregoing regulations in cases where such person appointed receives compensation at the rate of $600 per year or less. (Board of Regents Minutes November 14-15, 1968, p. 163).

BOR Procedural Guide, 4.11, pp. IV-9-10, 8/25/97