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State
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Nepotism Restrictions |
Covered Relationships
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Exceptions
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Alabama
Ala. Code § 41-1-5
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No officer or employee of the state shall appoint or enter a personal service contract with any person related to him or her to any job, position, or office of profit with the state or with any of its agencies.
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“Related” means within the fourth degree of affinity or consanguinity.
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Alaska
Alaska Stat. § 24.60.090
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An individual who is related to a member of the legislature may not be employed for compensation (1) during the legislative session in the house in which the legislator is a member, (2) by an agency of the legislature established under AS 24.20, (3) in either house during the interim between sessions, or (4), whether for compensation or not, by the committee.
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“Related” means a member of the legislator’s immediate family or a person who is a legislator’s domestic partner living together in a conjugal relationship that is not a marriage.
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Arizona
Ariz. Rev. Stat. Ann. § 38-481
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It is unlawful, unless otherwise expressly provided by law, for an executive, legislative, ministerial or judicial to appoint or vote for appointment of any person related to him to any clerkship, office, position, employment or duty in any department of the state, district, county, city or municipal government of which such executive, legislative, ministerial or judicial officer 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.
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“Related” means those related by affinity or consanguinity within the third degree.
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Arkansas
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No statute found.
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California
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No statute found.
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Colorado
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No statute found.
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Connecticut
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No statute found.
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Delaware
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No statute found.
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Florida
Fla. Stat. § 112.3135
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A may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the agency in which the official is serving or over which the official exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual or if such appointment, employment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member.
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“Relative” means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
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Legislators' relatives may be employed as pages or messengers during legislative sessions.
An agency may prescribe regulations authorizing the temporary employment, in the event of certain emergencies, of individuals whose employment would be otherwise prohibited by this section.
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Georgia
Ga. Code Ann. §§ 45-10-80, 21-5-3
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is prohibited from advocating for or causing the advancement, appointment, employment, promotion, or transfer of a member of his or her family to an office or position to become a public employee that pays an annual salary of $10,000 or more or its equivalent.
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“Member of the family” means a spouse and all dependent children.
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Hawaii
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No statute found.
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Idaho
Idaho Code § 18-1359
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shall appoint or vote for the appointment of any person related to any clerkship, office, position, employment or duty, when the salary, wages, pay or compensation of such appointee is to be paid out of public funds or fees of office, or appoint or furnish employment to any person whose salary, wages, pay or compensation is to be paid out of public funds or fees of office, and who is related to any other public servant when such appointment is made on the agreement or promise of such other public servant or any other public servant to appoint or furnish employment to anyone so related to the public servant making or voting for such appointment.
No person related to any member of the legislature shall be appointed to any clerkship, office, position, employment or duty within the legislative branch of government or otherwise be employed by the legislative branch of government when the salary, wages, pay or compensation of such appointee or employee is to be paid out of public funds.
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“Related” means those related by blood or marriage within the second degree.
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Illinois
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No statute found.
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Indiana
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No statute found.
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Iowa
Iowa Code Ann. §§ 71.1
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It shall hereafter be unlawful for any person elected or appointed to any or position under the laws of the state or by virtue of the ordinance of any in the state, to appoint as deputy, clerk, or helper in said office or position to be paid from the public funds, any person related to the person elected, appointed, or making said appointment, unless such appointment shall first be approved by the officer, board, council, or commission whose duty it is to approve the bond of the principal.
“Public official” includes members of the general assembly. Iowa Code § 68B.2
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“Related” means those related by consanguinity or affinity within the third degree.
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Does not apply when the appointed person receives compensation less than $600 per year or less, nor to the employment of clerks of members of the general assembly.
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Kansas
Kan. Stat. Ann. § 46-246a
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No or employee shall advocate or cause the employment, appointment, promotion, transfer or advancement to any office or position of the state, of a member of such officer's or employee's household or a family member.
(b) No state officer or employee shall participate in an action relating to the employment or discipline of a member of the officer's or employee's household or a family member.
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Louisiana
La. Stat. Ann. § 24:31.5, 42:1102, 42:1119
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A legislator’s family member may not serve as that legislator’s legislative assistant.
No member of the immediate family of an agency head shall be employed in his agency. “” include the legislature.
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“Immediate family” means children, the spouses of children, brothers and their spouses, sisters and their spouses, parents, spouse, and the parents of spouse.
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Nepotism restrictions do not apply if a legislative employee was employed by the legislator who employs them for at least one year before becoming a member of that legislator’s family.
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Maine
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No statute found.
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Maryland
Md. State Gov. Code Ann. § 2-107
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A member of the General Assembly may not employ for legislative business the member’s own relative, or the relative of another member from the same legislative district, using public funds over which the member has direct control.
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“Relative” means a spouse, parent or stepparent, sibling or step sibling, child, stepchild, foster child, ward, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
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Nepotism restrictions do not apply to a legislator who has a physical impairment that necessitates the employment of a particular relative; and discloses the employment to the Joint Committee on Legislative Ethics.
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Massachusetts
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No statute found.
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Michigan
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No statute found.
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Minnesota
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No statute found.
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Mississippi
Miss. Code Ann. § 25-1-53
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It shall be unlawful for any person elected, appointed or selected in any manner whatsoever to any state, county, district or municipal office, or for any board of trustees of any state institution, to appoint or employ, as an officer, clerk, stenographer, deputy or assistant who is to be paid out of the public funds, any person related to the person or any member of the board of trustees having the authority to make such appointment or contract such employment as employer.
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“Related” means any person related by blood or marriage within the third degree.
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Nepotism approaches do not apply to any employee who was employed in the department or institution prior to the time their relative became the head of the department or institution.
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Missouri
Mo. Const. Art. 7 § 6
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Any or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative shall thereby forfeit his office or employment.
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“Relative” means those within the fourth degree, by consanguinity or affinity.
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Montana
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No statute found.
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Nebraska
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No statute found.
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Nevada
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No statute found.
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New Hampshire
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No statute found.
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New Jersey
N.J. Rev. Stat. § 52:11-5
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No member of the Legislature shall gainfully employ their relative in any position in the legislative office that the member maintains in their legislative district. If members of the Legislature jointly maintain a legislative district office, no relative of the members who maintain that joint office shall be gainfully employed in any position in that office.
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"Relative" means a spouse or the legislator's or spouse's parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother or half sister, whether the individual is related to the member or the member's spouse by blood, marriage or adoption.
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New Mexico
N.M. Stat. Ann. § 10-1-10
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It shall be unlawful for any person or position under the laws of this state or by virtue of any ordinance of any municipality thereof, to employ as clerk, deputy or assistant, in such office or position, whose compensation is to be paid out of public funds, any persons related to the person giving such employment, unless such employment shall first be approved by the officer, board, council or commission, whose duty it is to approve the bond of the person giving such employment.
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“Related” means those related by consanguinity or affinity within the third degree.
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Nepotism restriction does not apply if the employee is paid $600 or less a year.
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New York
N.Y. Pub. Officers Law § 73
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No statewide elected official, state officer or employee, member of the legislature or legislative employee may participate in any decision to hire, promote, discipline or discharge a relative for any compensated position at, for or within any state agency, public authority or the legislature.
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“Relative” means any person living in the same household and any person who is a direct descendant of the legislator’s grandparents or the spouse of such a descendant.
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Nepotism restrictions do not apply to legislators with physical impairments who hire a relative for the sole purpose of assisting with that impairment.
Nepotism restrictions do not apply to temporary hiring of legislative pages, interns and messengers.
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North Carolina
N.C. Gen. Stat. §§ 138A-40, 138A-3, 120-32
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A legislator shall not cause the employment, appointment, promotion, transfer, or advancement of an extended family member to a state office or a position which the legislator supervises or manages.
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“Extended family” means a spouse, lineal descendant, lineal ascendant, sibling, spouse’s lineal descendant, spouse’s lineal ascendant, spouse’s sibling, and the spouse of any of these individuals.
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Chamber rules and administrative regulations may create exceptions to nepotism restrictions for legislators.
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North Dakota
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No statute found.
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Ohio
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No statute found.
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Oklahoma
Okla. Stat. Ann. tit. 21, §§ 481 et seq.
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It is unlawful for any executive, , ministerial or judicial officer to appoint or vote for the appointment of any person related to them to any position in any department of the state of which the officer is a member when the appointee’s compensation is paid with public funds.
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“Related” means related by affinity or consanguinity within the third degree.
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Oregon
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No statute found.
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Pennsylvania
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No statute found.
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Puerto Rico
P.R. Code Ann. tit. 2, § 49
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No relative of any member of the legislature may be appointed as an employee or official, nor contracted to render services for any remuneration whatsoever in the Legislature of Puerto Rico, its committees, dependencies or attached offices.
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Relative means related within the third degree of consanguinity or second degree of affinity.
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Nepotism restrictions do not apply if the relationship comes into existence after the employee was originally appointed or contracted.
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Rhode Island
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No statute found.
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South Carolina
S.C. Code Ann. §§ 8-13-750, 8-13-100
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No may may cause the employment, appointment, promotion, transfer, or advancement of a family member to a position the public official supervises or manages. A public official may not participate in an action relating to the discipline of the public official’s family member.
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“Family member” means a spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild or a member of the individual's immediate family.
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South Dakota
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No statute found.
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Tennessee
Tenn. Code Ann. §§ 3-1-202, 3-1-203
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Within the general assembly, no employees who are relatives shall be placed within the same direct line of supervision whereby one relative is responsible for supervising the job performance or work activities of another relative; provided, that, to the extent possible, this part shall not be construed to prohibit two or more relatives from working within the general assembly.
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“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.
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Texas
Tex. Gov't Code Ann. §§ 573.041, 573.002, 573.061, 573.062
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A may not appoint, confirm the appointment of, or vote for the appointment or confirmation of the appointment of an individual to a position that is to be directly or indirectly compensated from public funds or fees of office if:
(1) the individual is related to the public official; or (2) the public official holds the appointment or confirmation authority as a member of the legislature and the individual is related to another member of the legislature.
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Relative means a relationship within the third degree by consanguinity or within the second degree by affinity.
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Nepotism restrictions do not apply to a page, secretary, attendant, or other employee employed by the legislature as an attendant for a member of the legislature who, because of physical infirmities, must have a personal attendant.
Nepotism restrictions do not apply when confirming an appointee who was first appointed when they had no relative who was a member of or candidate for the legislature. This exception also applies when confirming a reappointment.
Nepotism restrictions do not apply to individuals who are employed in a position immediately before their relative is appointed or elected under some circumstances. Restrictions on the public official apply if these circumstances are met.
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Utah
Utah Code Ann. §§ 52-3-1
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No may employ, appoint, or vote for or recommend the appointment of a relative or household member in or to any position or employment paid from public funds and directly supervised by a relative or household member.
No public officer may directly supervise an appointee who is a relative or household member when the salary, wages, pay, or compensation of the relative will be paid from public funds.
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“Relative” means a father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
“Household member” means a person who resides in the same residence as the public officer.
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Exceptions to nepotism prohibitions include, but are not limited to: employees who are employed for a period of 12 weeks or less and employees who are volunteers as defined by the employing entity.
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Vermont
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No statute found.
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Virginia
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No statute found.
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Virgin Islands
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No statute found.
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Washington
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No statute found.
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West Virginia
W. Va. Code § 158-6-3
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A public official or employee may not influence or attempt to influence the employment or working conditions of their relative or a person with whom they reside.
A public official or public employee may not directly supervise or participate in decisions affecting the employment and working conditions of their relative or a person with whom they reside.
A public official may not vote on matters affecting the employment or working conditions of a relative or person with whom they reside.
The West Virginia Ethics Commission states that all elected public officials in the legislative branch are subject to the Ethics Act.
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“Relative” means spouse, mother, father, sister, brother, son, daughter, grandmother, grandfather, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, or daughter-in-law.
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Public officials may participate in decisions affecting a relative’s employment and working conditions if required by law and if an independent third party is involved.
Public officials may vote on matters affecting a relative’s employment if the relative is a member of a class of five or more similarly situated persons affected by the matter.
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Wisconsin
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No statute found.
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Wyoming
Wyo. Stat. Ann. §§ 9-13-104, 9-13-102
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No legislator 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. A legislator shall not supervise or manage a family member who is in an office or position of the state, a county, municipality or school district. A legislator acting in their official capacity, shall not participate in their official responsibility or capacity regarding a matter relating to the employment or discipline of a family member.
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“Family member” means a spouse, parent, sibling, child, grandparent or grandchild or a member of the individual's household.
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