Texas Attorney General Opinion: DM-132 Page: 2 of 8
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Mr. Lionel R. Meno - Page 2
1991. Under section 1(b) of article 5996a, an employee related to a school board
member may retain his position under certain circumstances:
Nothing herein contained, nor in any other nepotism law
contained in any charter or ordinance of any municipal
corporation of this State, shall prevent the appointment, voting
for, or confirmation of any person who shall have been
continuously employed in any such office, position, clerkship,
employment or duty for the following period prior to the
election or appointment, as applicable, of the officer or member
related to such employee in the prohibited degree:
(1) at least 30 days, if the officer or member is appointed;
(2) at least six months, if the officer or member is elected at
an election other than the general election for state and county
officers; or
(3) at least one year, if the officer or member is elected at
the general election for state and county officers.
In short, an employee may retain a position he assumed before his relative's election
or appointment as long as the employee has served in that position for the length of
time required by section 1(b). You advise that the mother of the employee in
question was elected at an election other than the general election for state and
county officers; accordingly, the six-month prior continuous service requirement set
forth in section 1(b)(2) applies to this situation. The nepotism law thus would
permit the employee to retain a position he had assumed in June of 1990.
Your second question is whether the son could have retained a position he
assumed in March of 1991. Because the son would not have held such a position for
six months before his mother's election, the nepotism law would prevent his
continued employment in that position.
Your third question is whether the board, with the mother serving as a
member, may promote the son to a higher-paid position. Section l(c) of the
nepotism law provides an answer to your question:
When a person is allowed to continue in an office, position,
clerkship, employment, or duty because of the operation ofp. 681
(DM-132)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-132, text, June 29, 1992; (https://texashistory.unt.edu/ark:/67531/metapth273941/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.