Can Commissioners Court members appoint or hire relatives or conduct county business with relatives?
REFERENCE POINTS:
- Texas Government Code Chapter 573, Nepotism Statute
- Local Government Code Chapter 171 and Section 81.002
NEPOTISM TALKING POINTS:
- A member of Commissioners Court may not appoint, confirm the appointment of, or vote for the appointment or confirmation of an individual who will be directly or indirectly compensated with public funds if the individual is within the third degree of consanguinity of a member of Commissioners Court.
- The degree of relationship by consanguinity between an individual and the individual’s descendant is determined by the number of generations that separate them. A parent and child are related in the first degree, a grandparent and grandchild in the second degree, a great-grandparent and great-grandchild in the third degree, and so on.
- If the member of Commissioners Court with the nepotism conflict abstains from voting, the remaining members of Commissioners Court still may not vote, according to Attorney General Opinion JC-0184.
- According to Government Code Section 573.062, certain continuous employment is exempt from the nepotism statute, but the related official cannot vote on the compensation or other employment matters concerning the relative.
- The nepotism restrictions do not apply if the position is unpaid or if the person only receives reimbursement for actual expenses.
- On a related note, according to Local Government Code Chapter 171 , a member of Commissioners Court must file an affidavit and abstain if a matter before the court involves a business entity or real property in which the member of the court or a relative within the first degree of consanguinity or affinity has a substantial interest.
- A substantial interest is defined as 10 percent or $15,000 or more of value in the business entity or receiving 10 percent or more of the member’s annual income from the business entity, or an interest in real property of $2,500 or more.
- Local Government Code Section 81.002 also prohibits members of Commissioners Court from contracting with the county. Although Chapter 171 provides an exception for contracts with business entities, the oath of office prevents Commissioners Court members from having other employment or individual contracts with the county, according to Attorney General Opinion GA-0645.
