FORBIDDEN EMPLOYMENT RELATIONSHIP INVOLVED A PART-TIME, SPORADICLY USED EMPLOYEE WHO WAS NOT "APPOINTED" TO HIS POST BY A RELATIVE.
IN SO HOLDING, THE COURT ALSO REVIEWED THE PRECEPTS UPON WHICH THIS SCHEME WAS BASED, STATING:
"IT IS WITHIN THE KNOWLEDGE OF THE MEMBERS OF THIS COURT THAT, PRIOR TO THE ADOPTION OF ANTI-NEPOTISM STATUTES IN THIS COUNTRY, A PRACTICE HAD ARISEN WHEREIN IT WAS THE CUSTOM OF ELECTED OFFICIALS TO APPOINT THEIR RELATIVES TO SUBORDINATE POSITIONS AND EMPLOYMENTS IN THEIR DEPARTMENT OF STATE AND MUNICIPAL GOVERNMENT. IT WAS THIS PRACTICE THAT LED UNDOUBTEDLY TO THE ADOPTION OF SUCH STATUTES, AND THIS IS THE PRACTICE IT WAS CLEARLY INTENDED TO ABOLISH."
ID, AT 274.
THE COURT FURTHER ADDED:
"SECTION 2235 CLEARLY INDICATES IT WAS THE INTENTION OF THE LEGISLATURE TO PREVENT THE FILLING OF SUBORDINATE OFFICES, POSITIONS, EMPLOYMENTS, OR DUTIES OF TRUST WHICH ARE OF A CONTINUOUS NATURE, EITHER PROVIDED BY LAW OR NECESSARILY REQUIRED TO CARRY OUT THE DUTIES IMPOSED BY LAW ON ANY SUCH DEPARTMENT . . . IN OTHER WORDS, THE LEGISLATURE INTENDED TO PREVENT THE FILLING OF OFFICES AND SUBORDINATE EMPLOYMENTS BY RELATIVES OF THE PERSON MAKING THE APPOINTMENT WITHIN THE THIRD DEGREE. THAT WAS THE PRACTICE THAT HAD GROWN TO BE DISREPUTABLE PRIOR TO THE ENACTMENT OF THE STATUTE."
ID.
IN REVIEWING THESE STATUTES, THE ATTORNEY GENERAL ADVISED, IN AN OFFICIAL OPINION DATED FEBRUARY 13, 1959, AND ADDRESSED TO THE HONORABLE CARROLL BOWIE, THAT THE TERMS OF THESE LAWS EVEN ADDRESSED SITUATIONS WHERE THE EMPLOYEE IN QUESTION WOULD NOT RECEIVE ANY OF THE COMPENSATION PROVIDED FOR BY LAW. AN OPINION ISSUED ON NOVEMBER 1, 1967 TO RALPH C. HAYNES, DISTRICT ATTORNEY, ADVISED THAT THESE LAWS CAME INTO PLAY WHERE A CITY COUNCILMAN APPOINTS HIS SON TO A POST OF VOLUNTEER FIREMAN, BUT THAT OPINION RECITES THAT SOME FORM OF COMPENSATION WOULD BE PAID TO THE FIREFIGHTER. THE 1959 OPINION WAS FURTHER NOTED IN ATTORNEY GENERAL OPINION NO. 71-402, WHEREIN THE ATTORNEY GENERAL ADVISED THAT THE TERMS OF 21 O.S. 481 AND 21 O.S. 482 (NEPOTISM) WERE BROAD ENOUGH TO COVER MONIES COMING INTO THE HANDS OF A POLITICAL SUBDIVISION THAT WERE ORIGINALLY OBTAINED THROUGH A FEDERAL GRANT.
IN 1983, AS INDICATED IN YOUR LETTER, THE ATTORNEY GENERAL AGAIN REVIEWED THE TERMS OF THESE STATUTES, ALONG WITH THOSE OF A PRIOR VERSION OF SECTION 11 O.S. 8-106, AND STATED, IN PASSING, THAT THE TERMS OF SECTIONS 481 AND 482, ABOVE, ONLY APPLIED TO INSTANCES WHERE THERE WAS SOME COMPENSATION PASSING TO THE INDIVIDUAL IN QUESTION. HOWEVER, THE OPINION THEN WENT ON TO REVIEW THE TERMS OF SECTION 8-106, AND ADVISED THAT THIS STATUTE WAS NOT JUST INTENDED TO SPEAK TO COMPENSATED POSITIONS, BUT ALSO TO ANY MUNICIPAL OFFICE, WHETHER THE OFFICE WAS A COMPENSATED POSITION OR NOT. YOU INQUIRE AS TO THE CONTINUING VALIDITY OF THIS OPINION, IN LIGHT OF THE RECENT AMENDMENTS TO SECTION 8-106. THAT SECTION CURRENTLY READS:
"NO ELECTED OR APPOINTED OFFICIAL OR OTHER AUTHORITY OF THE MUNICIPAL GOVERNMENT SHALL APPOINT OR ELECT ANY