Today I want to talk about
the term “nepotism”. Nepotism is
favoritism granted in politics or business to relatives regardless of merit.
It’s actually even cited in our own policies and procedures under Legal Policy (BBFE) as
excerpted below:
NEPOTISM
|
Except as provided by law, a public official may
not appoint a person to a position that is to be directly or indirectly
compensated from public funds or fees of office if:
a. The person is related to the public official by
blood (consanguinity) within the third degree or by marriage (affinity) within
the second degree; or
b. The public official holds the appointment or
confirmation authority as a member of a local board and the person is related
to another member of the board by blood or marriage within a prohibited degree.
Gov’t Code 573.002, .041; Atty. Gen. Op. JC-184 (2000) [See DBE]
DEFINITION OF PUBLIC OFFICIAL
|
“Public official” shall mean:
a. An officer of this state or of a district,
county, municipality, precinct, school district, or other political subdivision
of this state; or
b. An officer or member of a board of this state or
of a district, county, municipality, school district, or other political
subdivision of this state.
Gov’t Code 573.001(3)
The nepotism law governs the hiring of an individual,
whether the individual is hired as an employee or an independent
contractor. Atty. Gen. Op. DM-76
(1992)
A public official may not
approve an account or draw or authorize the drawing of a warrant or order to
pay the compensation of an ineligible individual if the official knows the
individual is ineligible. Gov’t
Code 573.083
These are actual laws that make it a crime for an
individual on the board who knowingly had, or has, members of their family
working in the school district. Doesn’t matter if it is known, or not, the fact
of the matter is that it is a law not a guideline. We cannot just make a board
vote to circumvent the law. As an example, my daughter had a small contract to
create bows for the Allen High School Cheerleading program, even though she had
negotiated the deal before I was on the board, I have informed her, that none
the less, she can not pursue the next contract due to Nepotism laws, which I
agree. It’s OK for her because she does have business outside this district, in
fact around the world.
I even had a sister-in-law that was thinking about
applying for a job to support the school as well. Even my wife wanted to help
in the cafeteria when needed, but both of them did ask, and I referred them to
our Interim Superintendent Beth Nichols. It was also noted that they too would
not be allowed to work for the district due to Nepotism laws.
Why am I telling you this? Well I want to stress
the importance of following the law, and I believe we cannot jeopardize any of
our board actions if Nepotism exists. What I have requested is that an audit be
done on all Board Members to insure no one makes a blind mistake and put board
judgments at risk. Sometimes these things sneak up on us and nobody wants to
get caught in a bad situation.
Dr. Michael Myers
ANY DISTRIBUTION OR COPYING OF THIS MESSAGE IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF DR MYERS.