4.03 Nepotism Appointments
A. 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)
B. 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:
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By blood: parent, child, brother, sister, first cousin, uncle, aunt,
nephew, niece.
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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 |
