Commissioners Court Appoint a Relative to County Position


May the commissioners court appoint a relative of a commissioner to a county position?

No, unless the position is unpaid. A public official may not appoint, confirm the appointment of, or vote for the appointment of confirmation of an individual who will be directly or indirectly compensated with public funds if the individual related to the public official is within the third degree of consanguinity (blood) or the second degree of affinity (marriage). Government Code §573.041. See our nepotism charts for clarification. The abstention of the member of commissioners court with the nepotism conflict does not relieve the remaining members from the prohibition. AG Op. JC-0184. If a position is unpaid, or if the person only receives reimbursement for actual expenses, the position is not subject to the nepotism restrictions. See our Pitfalls & Perils of Public Office handbook for more information.