Nepotism Restrictions for State Legislators    

The technical definition of nepotism is "bestowal of patronage by public officers in appointing others to positions by reason of blood or marital relationship."

Nearly half the states restrict nepotism to varying degrees. All 50 states have laws that either prohibit the practice or have guidelines to use in conflict-of-interest situations, which may restrict nepotism depending on interpretation of the law. Nearly half the states prohibit a legislator from hiring a relative either through statute or by constitution. In states where the practice is not prohibited, states have conflict-of-interest laws, which may restrict nepotism depending on interpretation of the law. Many states regulate the degree of relationship between legislators and the relative they wish to hire. A number of states with no specific nepotism prohibition, however, have established hiring guidelines for legislators.

Massachusetts and Pennsylvania are among the states where statutes do not specifically prohibit nepotism, but where ethics commissions interpret their conflict-of-interest law as prohibiting the practice.

State

Policy

Statutory Reference

Individuals related to a legislator, including spousal equivalents, may not be employed for compensation during session by an agency established in AS 24.20, by the house in which the legislator is a member, during the interim in either house, or, whether for compensation or not, by the committee.

Alaska Stat. §24.60.090

Illegal for any legislator to appoint or vote for appointment anyone within 3^rd degree of affinity or consanguinity to any clerkship, office, position, employment in department of the state where legislator is a member, when the salary, wages or compensation of such appointee is to be paid from public funds or fees of such office, or to appoint, vote for or agree to appoint, or to work for, suggest, arrange or be a party to the appointment of any person in consideration of the appointment of a person related to him within the degree provided by this section.  A legislator who knowingly gives or offers any gratuity or reward in consideration that he, or any other person (i.e. a relative), be appointed to a public office is guilty of a class 6 felony. Any executive, legislative, ministerial or judicial officer who violates any provision of this section is guilty of a class 2 misdemeanor.

Ariz. Rev. Stat. Ann.
§38-481, §38-465

Definitions: Ariz. Rev. Stat. Ann. §38-101

General ethical considerations, but no specific prohibition, unless a legislator is a member of a state board or commission. 

A person related, by consanguinity or affinity, in the second degree to a member of a state board or commission shall not be eligible for appointment or employment to the board or commission. Applies only to persons appointed or hired after July 28, 1995.

Ark. Stat. Ann. §21-8-101

Potential conflicts should be submitted to Joint Ethics Committee for determination of conflict of interest.

Ca. Govt. Code
§8940, §8920, §8922.a

General ethical considerations, but no specific prohibition.

Member of assembly should submit written request to Board of Ethics for determination of potential conflict.

Colo.Rev. Stat. §24-18-113

General ethical considerations, but no specific prohibition.

Statute prescribes standards of conduct for legislators, but does not directly address nepotism.

Conn. Gen. Stat.
§10-1-84 (f), (I) & (J)

General ethical considerations, but no specific prohibition.

There is no specific anti-nepotism statute in Delaware; however, no state employee, officer or honorary state official may review or dispose of any matter pending before the State in which any action or inaction would result in financial benefit or detriment to a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons. They also may not review or dispose of matters in which a close relative has a financial interest in a private enterprise if action or inaction would affect the private enterprise to a lesser or greater extent than like enterprises.

Del. Code Ann.
Title 29, §5801, §5805

Definitions: Del. Code Ann.
Title 29, §1004

General ethical considerations, but no specific prohibition.

Legislators may not appoint, employ, promote, or advance, or advocate for appointment, employment, or promotion of a relative into a position within the department where the legislator serves. Legislator may not exercise jurisdiction or control over department where relative is hired. Exception is made for legislators' relatives employed as pages or messengers during sessions. Other exceptions made for those who are in volunteer positions with fire, police or emergency medical services and who serve on certain boards.

Public officers and agency employees may not purchase, rent or lease any realty, goods or services for his or her agency from any business  of which the officer, employee, their spouse or child is an officer, partner, director or proprietor or in which any of the aforementioned parties has a material interest. Exception is made for district offices that are located in the legislator's place of business or on property owned by the legislator.

Fla. Stat. §112.3135 (2) (a),
§112.313 (3), §112.313 (4)

Definitions: Fla. Stat.
§112.3135

A legislator is prohibited from advocating for or causing advancement, appointment, employment, promotion or transfer of a member of his or her family to an office or position as defined in 45-1-4, that pays an annual salary of $10,000 or more. 

Ga. Code §45-10-80

Definition: Ga. Code
§21-5-3, and §45-1-4

General ethical considerations, but no specific prohibition.

There is no specific provision concerning nepotism; however, other provisions of the ethics code may apply to situations that involve nepotism. For example, legislators and employees are prohibited from using their official positions to grant unwarranted privileges or advantages to others. This could prohibit the use of one's state office to grant preferential treatment to family members or relatives.

Hawaii Rev. Stat. §84-13

General ethical considerations, but no specific prohibition.

Elected official must disclose potential conflicts in writing before the fact to attorney for the appropriate governmental entity for opinion as to legality.

Idaho Code §59-702,
§59-704

Definitions: Idaho Code  §59-703

General ethical considerations, but no specific prohibition.

There is no specific provision concerning nepotism; however, other provisions of the ethics code may apply to situations that involve nepotism. For example, the statutes saying "no legislator may engage in conduct which is unbecoming to a legislator, or which constitutes a breach of the public trust,"  or "when a legislator must take official action on a legislative matter as to which he has a conflict created by a family interest, he should consider eliminating the interest creating the conflict or abstain," could be construed to include nepotism.

**Note: HB2681, currently re-referred to the Rules Committee, if passed, would make it a Class A misdemeanor for a State executive branch constitutional officer, General Assembly member, or State employee (including an appointee) to knowingly employ or seek to influence the employment or promotion of a relative of a General Assembly member in a position as a State employee. Would be listed as new statute under Ch. 5 ILCS 430/5-17, and amend Ch. 5 ILCS 430/50-5.

Ill. Rev. Stat.
Ch. 5 ILCS 420/3-107
Ch. 5 ILCS 420/3-202

No person related to a legislator shall be eligible to any position in the same department, office, or institution, nor may any relative be entitled to receive any compensation for his or her services out of any appropriation provided by law, nor may any relative be placed in a direct supervisory-subordinate relationship. Exceptions are made for individuals employed at least 12 consecutive months immediately preceding the appointment of his or her relative as the head of their department, office, or institution. Exception made for those hired by an educational institution's board of trustees. The legislative ethics committee will act as an advisory body to individual members of the appropriate house on questions relating to conflicts of interest.

Ind. Code §4-15-7-1

Definition: Ind. Code
§2-2.1-3-1

General ethical considerations. Legislators are exempt from general governmental nepotism prohibition. 

General governmental nepotism prohibition exempts legislators from hiring clerks or assistants.

Iowa Code §2-71.1

Definitions: Iowa Code
§2-68B.2

Kansas

Legislators cannot advocate or cause the employment, appointment, promotion, transfer, advancement, or discipline of any member of such officer's or employee's household or family. Exceptions for  appointments of members of the governor's staff and actions involving the employment, appointment, promotion, transfer or advancement of any officer or employee occurring prior to July 1, 1991.

Kan. Stat. Ann. §46-246a

Kentucky

Prohibition against employment, appointment, promotion, transfer, or disciplining of a legislator's family member to an office or position in the legislative branch of state government. Prohibition from advocating or causing the employment of a family member in the executive branch. Exceptions made if relative is employed prior to the legislator's election to the General Assembly or prior to February 18, 1993. Penalty is ethical misconduct.

Ky. Rev. Stat. §6.754

Louisiana

No legislator may hire a member of their family as his or her legislative assistant. Agency heads, members of a governing authority or the chief executive of a governmental entity may not hire immediate family to work in their respective agencies or entities. Many exceptions apply with respect to the executive branch.

La. Rev. Stat. Ann.
§24:31.5 (3), §42:1119   

Maine

 General ethical considerations, but no specific prohibition.

Where a legislator or a member of his immediate family accepts or engages in employment which "could impair the Legislator's judgment," or "when the legislator knows that there is a substantial possibility that an opportunity for employment is being afforded the Legislator or a member of the Legislator's immediate family with intent to influence the performance of the Legislator's official duties, or when the Legislator or a member of his immediate family stands to derive a personal private gain or loss from employment, because of legislative action, distinct from the gain or losses of other employees or the general community," it will be a conflict of interest.

It is of vast importance to the efficient and effective operation of State Government that all qualified Maine citizens have fair and equal opportunity to enter the service of State Government on the basis of merit and to work free from the forces of favoritism, nepotism and political patronage.

Me. Rev. Stat. Ann.
Tit.1 §1014

Maryland

Md. State Govt. Code Ann. §2-107

Massachusetts

General ethical considerations, but no specific prohibition in statute.

The following language "a legislator may not participate in a particular matter in which to his knowledge his immediate family or partner has any arrangement concerning prospective employment or has a financial interest" can be interpreted by the MA Ethics Commission to be a prohibition against nepotism. Punishment will be a fine or not more than three thousand dollars or by imprisonment for not more than two years, or both.

Mass. Gen. Laws Ann.
Ch. 268A.6

Michigan

General ethical considerations, but no specific prohibition. 

The Ethics Code prescribes standards of conduct for legislators, but does not directly address nepotism.

Mich. Comp. Laws §15.342

Minnesota

General ethical considerations, but no specific prohibition. 

Any potential conflicts of interest must be disclosed in a written statement to the presiding officer of the body of service.

Minn. Stat. §10A.07

Mississippi

It is unlawful for a legislator to appoint or employ, as an officer, clerk, stenographer, deputy, or assistant to be paid out of the public funds, any person related by blood or marriage within the third degree. Exceptions are made for employees hired prior to legislators' election, and to any person seeking appointment as an election worker.A legislator may request confidential opinions from the Attorney General as to ethical situation concerning individual legislator.

Miss. Code Ann. §25-1-53, §25-4-18

Missouri

The Missouri Constitution prohibits the appointing authority (i.e. a legislator) from appointing a relative with the fourth degree of consanguinity.

Mo. Constitution
Article VII § 6

Montana

Legislators cannot hire or appoint anyone related or connected "by consanguinity (blood) within the fourth degree or by affinity within the second degree" There are exceptions, under certain circumstances, for election judges, legislative staff and pages, certain sheriff's employees and school district appointees. Another exception allows renewals of employment contracts when a relative was hired before the official was employed/appointed.

Mont. Code Ann.
§2-2-301,302,303,304

Definitions:
Mont. Code Ann.
§1-1-219, §2-2-105(3)

Nebraska

General ethical considerations, but no specific prohibition. 

An official, including a legislator, or employee of a political subdivision may employ or recommend or supervise the employment of an immediate family member if he or she does not abuse his or her official position, he or she makes a full disclosure on the record to the governing body of the political subdivision and a written disclosure to the person in charge of keeping records for the governing body, and the governing body of the political subdivision approves the employment or supervisory position. An official shall not employ a family member without first soliciting and considering other applicants, who is not qualified for the position, for an unreasonable salary, or who is not required to perform the duties of the position. An official shall not terminate the employment of someone else in order to make funds or a position available for a family member. Exempts family members of officials who were previously employed prior to the election of that official, or those that were employed prior to Sept. 1, 2001. Requires public officials to disclose family members who are employed pursuant to this law.Executive branch officials are expressly prohibited from "engaging in nepotism," defined as "the act of hiring, promoting, or advancing a family member in state government." They are also prohibited from supervising a family member, defined as the "authority, in the interest of the state, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees, and the responsibility to direct them or adjust their grievances." The statue states intent that the legislative and judicial branches of government should develop and implement internal policies prohibiting nepotism and the supervision of a family member.

Neb. Rev. Stat.
§49-1499.03, 49.1499.04  §49-1499.07

Definitions: Neb. Rev. Stat. §49-1425, §49-1443
 

Nevada

A legislator cannot employ, in any capacity, any relative of such person who is within the third degree of consanguinity or affinity. Exempts relatives of officers and employees who are blind if that relative is employed as a driver. Permits a state officer, employed under a flat salary, to employ anyone "when the payment of service is met out of the personal money of the officer." Persons in violation are guilty of a "gross misdemeanor."

New Hampshire

General ethical considerations, but no specific prohibition.

Legislative Ethics Committee has power to investigate complaints and discipline for wrongdoing. Legislators shall not use their public position or office to obtain anything of value for the private benefit of his or her immediate family.

New Hampshire General Court, Ethics Guidelines and Procedural Rules.
Part One, Section Four, III.

New Jersey

 A legislator cannot employ a relative in the legislator's district office. Otherwise, general ethical considerations, but no specific prohibition.

No state officer should use his official position to secure unwarranted advantages for himself or others.

**Note: NJ A 523, currently referred to the Assembly State Government Committee, if passed, would prohibit legislators from employing a relative of any member of the Legislature in his or her district office, prohibit a relative of a legislator from working as nonpartisan or partisan staff in certain situation, and would change the definition of “relative” to include first cousins. Would amend §52:11-5.1

N.J. Rev. Stat.
§52:11-5.1, §52:13D-23

New Mexico

No employment of persons to positions of clerk, deputy or assistant, where compensation will be paid out of public funds, if they are related by consanguinity or affinity within the third degree, unless first approved by the person whose duty it is to approve the bond of the legislator giving such employment. Exemptions are made if the compensation of the relative is $600 a year or less.

N.M. Stat. Ann. §10-1-10

New York 

General ethical considerations, but no specific prohibition.

A legislator should not by his conduct give reasonable basis for the impression that any person can improperly influence him or unduly enjoy his favor in the performance of his official duties, or that he is affected by the kinship, rank, position of influence of any party or person.

**Note: NY S 6159 & 6160, currently referred to the Senate Rules Committee, if passed, would expand the nepotism provision; prohibit legislators and staff who are policymakers from having any knowledge of or processing paperwork for the employment of any relative in the same chamber. Requires that all legislators and staff disclose the names of relatives working for the legislature. Would provide that no officer or employee of a state agency, member of the legislature or legislative employee should attempt to use their official position to secure unwarranted privileges or exemptions for their relatives.

N.Y. Public Officers Law
Article 4, §74 (f)

North Carolina

A legislator or legislative employee cannot influence an extended family member’s employment, appointment, promotion, transfer or advancement to a state office or a position supervised by a public servant (except for certain General Assembly positions). A public servant or legislative employee shall not supervise, manage, or participate in an action relating to the discipline of a member of their extended family, except as authorized by that public servant's or employee's employer. State agencies may adopt more stringent ethics guidelines. Current examples of guidelines include those adopted by the Department of Transportation and the State Lottery Commission.

N.C.G.S. §138A-40

North Dakota

A state official or state employee, including a legislator, may not serve in a supervisory capacity over parent, spouse, child, stepchild, brother or sister-in-law, or son or daughter-in-law. "Supervisory capacity" means the authority to appoint, employ, hire, assign, transfer, promote, evaluate, reward, discipline, demote, or terminate. Exception for those employed prior to August 1, 1999 or those employed prior to the legislator's election. 

N.D. Cent. Code
§44-04-09

Ohio

General ethical considerations, but no specific prohibition in statute. However the Department of Administrative Services (DAS) has established a statewide nepotism policy, which applies to legislators. 

According to DAS, legislators shall not employ or supervise any person closely related by blood, marriage or other significant relationship in his or her department. §2921.42(A)(1) does prohibit a legislator from securing authorization of any "public contract" in which he or a member of his family holds an interest. §102.03(D) prohibits a legislator using his or her authority or influence of office to secure anything of value or the promise of anything of value (i.e. a job) that would use improper influence of a legislator.

Ohio Rev. Code Ann.
§2921.42(A)(1),
§102.03(D)

Ohio Ethics Opinion,
90-010

Oklahoma

Illegal for any person within third degree of affinity or consanguinity to any elected member of legislature to hold any paying position within the same office where the legislator is a member. Divorce terminates any previously existing relationship by affinity or consanguinity. It is also illegal for legislators to draw or authorize the payment of wages, salary, pay or compensation to such ineligible persons, or pay out of funds within the legislator's control. A person in violation of the law are guilty of a misdemeanor involving official misconduct, and are punishable by a fine between $100-$1,000. The legislator must forfeit his office or can be removed from office.

Okla. Stat. Tit. 21, §481 through §487

Oregon

General ethical considerations, but no specific prohibition.

No public official shall use his official position for financial gain or avoidance of financial detriment or in any way not available to any other person for himself, for a relative or member of his household, or for any business with which they are associated.

Or. Rev. Stat. §244.040

Pennsylvania

General ethical considerations, but no specific prohibition in statute, however the Office of Administration provides nepotism guidelines.

The Management Directive provides a guideline saying that legislators shall not exercise direct and immediate supervisory authority over a family member. The PA Ethics Commission can view the following language has a nepotism prohibition, "no member shall participate as a principal in any transaction involving the Commonwealth or any Commonwealth agency in which he, his spouse or child, has a substantial personal economic interest (Pa. Cons. Stat. 143.5 ( c ).

Pa. Cons. Stat.
Tit.46,§143.1

Rhode Island

General ethical considerations, but no specific prohibition.

Public officials, including legislators, shall not use in any way his or her public office to obtain financial gain for him or herself or any person within his or her family. No person shall give or offer to any public official, candidate for public office, or person within his or her family, a loan, political contribution, reward, or promise of future employment based on any understanding or expectation that the vote, official action, or judgment of the person would be influenced thereby.

R.I. Gen. Laws §36-14-1
§36-14-5 (d), (i), §36-14-7

Rhode Island Constitution, Article III,
Sections 7 and 8

South Carolina

No legislator may cause the appointment, promotion, reassignment, transfer, or advancement of a family member to a state or local office or position he or she supervises or manages, nor can he or she participate in an action relating to discipline of a family member.

S.C. Code Ann.
§8-13-750

Human Resource Regulations: 19-701.06

Definitions: S.C. Code Ann.
§2-17-10, §8-13-100

South Dakota

General ethical considerations, but no specific prohibition applicable to legislators.

S.D. Codified Laws Ann.
Tit. 2

Tennessee

"Tennessee General Assembly Uniform Nepotism Policy Act of 2006".As used in this part, unless the context otherwise requires, "relative" means a parent, foster parent, parent-in-law, child, spouse, brother, foster brother, sister, foster sister, grandparent, grandchild, son-in-law, brother-in-law, daughter-in-law, sister-in-law, or other family member who resides in the same household. Within the general assembly, no employees who are relatives shall be placed within the same direct line of supervision whereby one (1) relative is responsible for supervising the job performance or work activities of another relative, provided, that, to the extent possible, the provisions of this part shall not be construed to prohibit two (2) or more relatives from working within the general assembly. Any conflicts to this policy caused by marriage shall be resolved by transfer whenever possible. The nepotism policy is not retroactive.

Tennessee General Assembly Uniform Nepotism Policy Act of 2006 

Tenn. Ann. Stat.
§31-1-201 through -205

Texas

Legislators are prohibited from confirming, appointing or voting for an individual related within the third degree by consanguinity or within the second degree by affinity.  Exceptions are made for certain positions, such as pages, the office of notary public, secretaries, personal attendants, those who assist legislators who have physical infirmities, bus drivers, substitute teachers, or those working in a municipality with a population of less than 200. The provision does not apply to an appointment, confirmation of an appointment, or vote for an appointment to a position if the person is employed for a certain period of time before the public official is elected or appointed. In these cases, the public official may not participate in deliberating or voting on matters concerning their individual relative.

Chapter 573 of the Government Code is not administered or enforced by the Commission. The Attorney General has statutory authority to issue opinions concerning nepotism laws to certain individuals under Government Code sections 402.042 and 402.043.

Tex. Governmental Code Ann.
§573.041, 573.061, 573.062

Definitions: Tex. Governmental Code Ann.
§573.001-573.025

Utah

Employment of relatives is prohibited. Each day of violation is considered a separate misdemeanor offense. Exceptions are made for small towns and rural areas. See statute for other exceptions.

Utah Code Ann.
§52-3-1 to §52-3-4

Vermont

General ethical considerations, but no specific prohibition in statute, however the state's Legislative Council promotes a nepotism policy, which applies to legislators.

The state's Legislative Council promotes a general unwritten policy not to hire immediate family of current legislators.

Virginia

Va. Code §40.2, 30-103

Washington

General ethical considerations, but no specific prohibition in statute, however the legislature's internal hiring policy has established a nepotism prohibition, which applies to legislators.

While not prohibited in state statute, the hiring policy of the House and Senate restricts the hiring or supervising by a legislator of parents, spouses, siblings, or children. State law is ambiguous, saying "a state officer or employee may not use his or her position to secure special privileges or exemptions for himself or herself, or his or her spouse, child, parents, or other persons." State officers and employees may also not have a beneficial interest in a contract.

Wash. Rev. Code §42.52.070 

West Virginia

General ethical considerations, but no specific prohibition.

Nepotism could be construed to be covered by a general prohibition against improper use of office for private gain. There are limitations on public officials, excluding legislators who have followed proper procedure on conflict of interest and voting, which prohibit them from voting on personnel matters involving a spouse or relative, in certain cases where immediate family members have a financial interest, and where an immediate family member is employed by a nonprofit corporation that might receive an appropriation or contract.

W.Va. Code §6B-2-5

Definitions: §6B-1-3

Wisconsin

General ethical considerations, but no specific prohibition.

No legislator may use his or her public position or office or take official action in order to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family.

Wis. Stat. §19.41-45, §19.41-46

Definitions:
Wis. Stat. §19.42

Wyoming

No public official (including legislators), public member or public employee shall advocate or cause the employment, appointment, promotion, transfer, or advancement of a family member to an office or position of the state, a county, municipality, or a school district. Similarly, public officials, public members, and public employees are prohibited from supervising or managing a family member and are prohibited from participating in any matter relating to the employment or discipline of a family member. The penalty is misdemeanor or termination from office.

Wyo. Stat. §9-13-104

Executive Order1997

Definitions: Wyo. Stat.
§9-13-102 (a) (xiv) and (xvi)

Guam

General ethical considerations, but no specific prohibition. No legislator shall use or attempt to use an official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for himself or herself, a spouse, children, or others.

GCA Title 4, Chap. 15, Art. 2, §15204, §15205

Laws of Puerto Rico Title 3, Chap. 65, Subchapter III §1822, §1823

General ethical considerations, but no specific prohibition.

Virgin Islands Code Title 14 Chap. 83, §1662 through §1665

Chap. 19, §401 through §403