Restrictions in Public School Districts, William Allan Kritsonis, PhD

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Nepotism:Restrictions in Public

School Districts

William Allan Kritsonis, PhD.



What is Nepotism?

³the favoring of relatives or personal friends because of their ³the favoring of relatives or personal friends because of their

relationship rather than because of their abilities (Wiktionary,relationship rather than because of their abilities (Wiktionary,2008).´2008).´

³nepotism is the showing of favoritism to relatives, based³nepotism is the showing of favoritism to relatives, based

upon that relationship, rather than on an objective evaluationupon that relationship, rather than on an objective evaluationof ability or suitability´ (Wikipedia,2008).of ability or suitability´ (Wikipedia,2008).



TheThe nepotism laws in Texas are located inChapter 573 of the Government Code.

These laws prohibit a public official fromvoting to appoint or to confirm the appointmentof an individual who is related to the public

official by blood or marriage within a prohibiteddegree.

Nepotism Statutes in Texas



School board members are primarily restrictedSchool board members are primarily restricted

under the statutes because they maintain finalunder the statutes because they maintain final

authority to hire/fire teachers, & approve other authority to hire/fire teachers, & approve other

contractual relationships.contractual relationships.

These statutes have been created to preventThese statutes have been created to prevent

family relationships from improperly influencingfamily relationships from improperly influencingpublic employment relationships and decisionpublic employment relationships and decision

making.making.

Nepotism Prohibitions in PublicSchool Districts in Texas



These laws do not apply to schoolprincipals and under some cases the

superintendent because the authorityto hire and fire employees is vested inthe board of trustees.

Principals are not considered publicofficers for purposes of the nepotismstatutes.

Principals and Superintendents



Superintendent Prohibitions

The Education Code currently stipulatesThe Education Code currently stipulatesthat the board can allocate final authoritythat the board can allocate final authority

to the superintendent (Walsh et al., 2005).to the superintendent (Walsh et al., 2005).

If the superintendent has final authorityIf the superintendent has final authorityto hire teachers, then the states nepotismto hire teachers, then the states nepotismlaws do apply to the superintendent·slaws do apply to the superintendent·srelatives.relatives.



Nepotism: Employees The Texas nepotism laws are relevantThe Texas nepotism laws are relevant

to positions compensated directly orto positions compensated directly orindirectly with public funds,indirectly with public funds,regardless of the source of thoseregardless of the source of thosefunds.funds.

The nepotism laws are also relevant toThe nepotism laws are also relevant to

those employees paid with funds fromthose employees paid with funds froma federal grant.a federal grant.



Nepotism Laws: Employee Statusand Contractors

The nepotism prohibitions equallyThe nepotism prohibitions equallyrelates to fullrelates to full--time employees, parttime employees, part--time employees, and temporarytime employees, and temporaryemployees.employees.

The nepotism prohibitions also apply toThe nepotism prohibitions also apply tothe hiring of independent contractorsthe hiring of independent contractors((Walsh) et al., 2005).et al., 2005).



Board Members: Resignation to

Allow Employment

A school board member cannotA school board member cannotcircumvent the nepotism laws bycircumvent the nepotism laws byabstaining and permitting the remainingabstaining and permitting the remainingtrustees to employ his or her relative.trustees to employ his or her relative.

A board member can resign so that aA board member can resign so that arelative may be hired.relative may be hired.



Resignation to Avoid Nepotism In order to avoid state nepotism laws, theIn order to avoid state nepotism laws, the

board member must first resign.board member must first resign.

The board members vacant seat must beThe board members vacant seat must bereplaced by appointment or special election.replaced by appointment or special election.

Once the seat is filled, the new boardOnce the seat is filled, the new board

member must take the oath of office andmember must take the oath of office andthen the previous board member·s relativethen the previous board member·s relativemay be hired (Walsh et al., 2005).may be hired (Walsh et al., 2005).



Nepotism Exceptions

The most frequently used exception in accordancewith nepotism statutes is the continuous employmentexception.

Under this exception, the nepotism prohibition doesnot pertain to a district employee who is employedin the position immediately prior to the election orappointment of the board member to whom theperson is related in a prohibited degree and that

previous employment is continuous for at least sixmonths before the board member·s election or 30days before the board member·s appointment.



Consequences for Violating

Nepotism Statutes If a public official deliberately or consciously violates

the nepotism prohibition, the public official may beconvicted of a misdemeanor that conveys a possible fine

of not less than $100 or more than $1,000. A court convicting a public official of this offense has

to order the official·s immediate removal from publicoffice.

When absent a criminal conviction, a public official whodefies the nepotism laws may be removed from publicoffice in the method set by law (Walsh et al., 2005).



Ethical Commitment The school board members and district

administrators must have an ethical commitment towork for the benefit of all students.

A school board member must take ethical decisionsand behavior seriously.

School board members set a public example for allstudents when exemplifying ethical choices.

School board members must remove all personalissues from their agendas in order to addressstudent needs.



Public Trust

A district should examine any possible perceptionof nepotism even when the appointment does not

violate nepotism statutes or district guidelines. All employee contracts, vendor contracts, and

administrative promotions should be continuouslyscrutinized to maintain public trust.

District policy and active oversight should gobeyond state statutes in the best effort tomaintain public trust.

Documents

Restrictions in Public School Districts, William Allan Kritsonis, PhD