Legal Services

	"We would like to appoint the brother of one of the commissioners to a position in the county. The commissioner said he would abstain from voting on the appointment. Does that make it OK to appoint the brother?"

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 or confirmation of an individual who will be directly or indirectly compensated with public funds if the individual is related by blood or marriage. Government Code §573.041. See our nepotism charts for clarification on familial relationships. The abstention of the member of commissioners court with the nepotism conflict does not relieve the remaining members from the prohibition. Attorney General Opinion No. 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. For more information, see our publication Pitfalls & Perils of Public Office.