AGO 1996-146.

• Case Date: March 05, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-146. 1996-146March 5, 1996Honorable Bill Fuller Member, House of Representatives P. O. Box 317 Lafayette, AL 36862 Nepotism - Education, Boards ofThe state anti-nepotism law is applicable to members and employees of county boards of education.Dear Representative Fuller: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Are members and employees of local boards of education subject to the state's anti-nepotism law? FACTS, LAW AND ANALYSIS The state's anti-nepotism law is found at Code of Alabama 1975, _ 41-1-5. This provision states in pertinent part: "No officer or employee of the state or of any state department, board, bureau, committee, commission, institution, corporation, authority or other agency of the state shall appoint any person related to him within the fourth degree of affinity or consanguinity to any job, position or office of profit with the state or with any of its agencies. Any person related to the appointing authority within the prohibited degree shall be ineligible to serve in any capacity with the state under authority of such an appointment, and any appointment so attempted shall be void. Whoever violates this section is guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed one year, or both. . . ." The Supreme Court of Alabama stated regarding this statute: "We opine that the intent and purpose of the statute is to prohibit the appointment or employment by the appointing authority of persons related to him who will serve in subordinate jobs, positions or offices of profit in the State government. Historically, that has been the reason for the enactment of such statutes throughout the United States." Opinion of the Justices, 291 Ala. 581, 285 So.2d 87 (1973). In particular, it is noted...