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    LegalEase Newsletter | FAQs by Subject

    News Article | July 20, 2022

    Nepotism

    LegalEase
    Legal Guidance

    "The treasurer is up to his ears in work and really could use a clerk. His brother's son's wife would be a great fit for the position but we're wondering if that is a nepotism issue."

    May the county treasurer hire his niece-in-law for a clerk position in his office?

    Anytime a person who makes final decisions on employment thinks of hiring a relative, the nepotism prohibitions in Chapter 573 of the Government Code must be considered. An elected or appointed officer is prohibited from appointing or hiring a person related to the officer within the third degree by consanguinity (blood) or the second degree by affinity (marriage). In this case, a niece-in-law falls outside the prohibited relationship (4th degree by affinity). She may be hired. For more information on nepotism, see our recently updated Pitfalls and Perils of Public Office publication.