R-247

Hon. Jep S. Fuller County Attorney Jefferson County Beaumont, Texas Opinion No. V-117

Re: Legality of a school trustee’s nephew’s wife being employed as teacher inthe school under the Nepotism Statute.

Dear Sir:

You request an opinion from this department upon the above subject matter in the following statement:

“One ofthe Board members ofthe Port Arthur Independent School District, Mr. C. T. Weatherall, has asked that I get a ruling on one ofhis problems to see if it is in conflict with the Nepotism laws. You may know Mr. Weatherall. He is Vice President inthe First National Bank here in Port Arthur.

“He was elected to membership on the Board ofEducation for a three year term inApril, 1946. Last Fall, probably in October or November, his nephew married one of our school teachers. This nephew is the son of his brother. Of course the nephew’s wife is not related by blood in any degree. Of course this situation did not exist when Mr. Weatherall was elected to the Board, but he would like to have the matter straightened out before beginning another school year.”

Article 432 of the Penal Code commonly known as the Anti-Nepotism Statute is as follows:

‘No officer ofthis State or any officer of any district, county, city, precinct, school district, or other municipal subdivision of this State, or any officer or member of any State, district, county, city, school district or other municipal board, orjudge of any court, created by or under authority ofany general or special law of this State, or any member of the Legislature, shall appoint, or vote for, or confirm the appointment to any office, position, clerkship, employment or duty, of any person relatedHon. Jep S. Fuller, Page 2 Opinion No. **V-l!7**

, within the second degree by affinity or within tha third degree by conaangSrft$ tothe psrsoa IQsppointing o,i # ve@t%g, e? to aatyother member of &ny such board. ths Legislature, or court ofwhibh such person so appointing or voting may be amemb ber, when the salary, fees, or compensation of such appointee is to be paid for,~directly or mdirectly, :i,, out’of or f,rom publis funds Q$ fees of office ofany

kind or character whatsaever~,” *

.. .t The rule, for determining affinity relationship was stated

~,,’by this department in Opinion **No.** O-7516:

. 6.

. . . At common law, the term has been variously .deflned as the connection existing in consequence ofmarriage between each of the married persons and the kindred of,the other; the cotulection formed by marriage which places the husband in‘the same degme to ule blodd relations of the wife as that in which she herself stands towards them and gives the wife the same connection with the **blood** r&t&a of *a hugband, .therelation contracted hr ,mar?siage I&wee& ahushand and his wife’s kif&&!e#M betwee@, awtie~&adher huaband’s kindrbi$ in~eontrcdis~$in&ion from conaangum&y, or rclbtion by blood; the retationship which brise,s by marriage between one **of.**the parties and the blood relations ofthe other; the fSewhich arisas from~the marriagei betwqen %e hueband and the blood relations ofthe.wife, 

### landbetween the wife and the blood relations **of**the hugbar&’
The trustee, Mr, Weatherall, .is not related by blood to. his nephew’s wife; He $s, how4v4ri r,elated 3aher by affinity within the second degree hechu.se hs is fhc bkood relative of his nephew. Therefore, under the rule above pronounced,lhe is related by affinity to his nephew’s wife within the second de,gree and the situstion comes within the prohibition of the Nepotism Statute.

**A** s.ohool truote~a ofPost, &$tur Independent School District is related by affinity wfthin the setcond degree to a teacher who is his nephew’s wife, within the Anti-Nepotism law -- Article 432 of the Penal Code.
APPROVED Yours very truly, ATTGRNEYGENERALOFTEXAS

OF TEXAS OS:lh:sl Assistant ’

.: