Summary
Nepotism prohibition of Government Code section 573.041 generally applies to a grandson because a grandparent and grandchild are related in the second degree of consanguinity|Starting and ending dates for determining whether requisite period of the continuous-employment exception to nepotism prohibition of Government Code section 573.041 has been satisfied are the date when the individual is initially employed and the date the elected official assumes office, respectively|Government Code section 573.062 provides an exception to nepotism prohibition in Gov\\'t Code section 573.041 provided employment is continuous|Employment ends when the \\"employment relationship\\" is broken; therefore, once the continuous-employment exception is satisfied, it exempts and individual from the nepotism prohibition of Government Code section 573.041 only until the employment relationship is broken.|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances|Employment \\"on an intermittent, day-to-day basis\\" does not constitute continuous employment. By contrast, periodic service provided pursuant to a year-long contract may constitute \\"continuous\\" employment|Determining whether employment was \\"continuous\\" under Government Code section 573.062(a)(2)depends on specific circumstances of a school district, the employee, and the terms of the underlying employment contract and is a determination to be made by the District in the first instance
Opinion File
  • ga1024.pdf