Why Nepotism Is Relatively Unethical
Nepotism is
often left out of ethics codes because it does not seem all that unethical. Another reason for leaving nepotism out is that it is
so common, especially in the uniformed departments, that local
government officials are afraid to touch it. When nepotism rules do
appear, they often provide for grandfathering in current
nepotism, and for waivers, even if waivers are not available for other
ethics code violations.<br>
<br>
But the nepotism rule in Missouri, which applies to local government
officials, is extremely strict, and appears to be without exceptions.
It's not even in the conflict of interest law; it's in the <a href="http://www.moga.mo.gov/const/A07006.HTM" target="”_blank”">constitution, Art. VII,
Sect. 6</a>:<br>
<br>
<div> Any public officer or employee in this
state who
by virtue of his office or employment names or appoints to public
office or employment any relative within the fourth degree, by
consanguinity or affinity, shall thereby forfeit his office or
employment.<br>
</div>
<br>
No reprimands, no fines, no time for one of the two to find another job
-- only forfeiture of office.<br>
<br>
And not just siblings and children, but "relatives within the fourth
degree." Of course, we all know exactly who our relatives within the
fourth degree are, don't we? According to a <a href="http://www.sleepyhollowcemetery.org/PDF/consanguinity.pdf" target="”_blank”">consanguinity
table</a> linked to by Wikipedia, relatives within the fourth degree of
consanguinity include great-great-grandparents and great-uncles and
-aunts going upward, great-great-grandchildren and grand-nephews and
-nieces going downward, and first cousins going sideways. As for <a href="http://en.wikipedia.org/wiki/Affinity_%28canon_law%29" target="”_blank”">relation
by affinity</a>, that's a Catholic canon law term, which used to be
used in determining whom you could marry so that it wouldn't be
incestuous.<br>
<br>
Sometimes laws as strict as this are simply not enforced, but this one
is. According to <a href="http://www.kctribune.com/article/KC_News_Features/Tom_Bogdon/Missouri_E…; target="”_blank”">an
article </a>last week in the Kansas City <span>Tribune, </span>recently a mayor was
removed for appointing his brother-in-law as chief of a volunteer fire organization. There is currently a movement to remove the mayor of Kansas City
for having his wife be effectively an unpaid chief of staff.<br>
<br>
And in
1994, a county commissioner was found to have violated the nepotism provision by voting (as part of a large majority) to appoint
his sister-in- law as a nonpaid trustee on a county board, losing his position for a failure to recuse himself (<span>State ex inf. Attorney General</span> v. <span>Shull</span>, 887 S.W.2d 397).<br>
<br>
The nepotism provision might be strict, and strictly enforced, but it
allows an official's subordinate to hire his boss's wife or to get,
say, a fellow department head to hire the official's brother. It also
allows an official to manage a relative, as long as the official did
not appoint the relative, and to give a contract to a relative, as long
as it's not an employment contract. In these ways, the Missouri
provision is actually weaker than most nepotism laws, allowing some of
the worst abuses involving nepotism (see the <a href="http://www.cityethics.org/mc/full#TOC44" target="”_blank”">City Ethics Model Code
provision</a>, which deals both with supervision of family members and
contracts with family members).<br>
<br>
What's wrong with nepotism? I discussed the reasons in <a href="http://www.cityethics.org/mc/ci/nep" target="”_blank”">a forum entry</a> tied to
the City Ethics Model Code Project, but let me summarize the reasons
here, and add a few.<br>
<br>
<div>• Nepotism includes many of the basic
government ethics issues: conflict of interest, misuse of office,
preferential treatment, and patronage.<br>
• Nepotism undermines public trust by making government look like a
family business run not for the community, but for the families in
power.<br>
• Nepotism is bad for morale within the government organization. It
goes far beyond hiring. It remains a problem every time raises and
promotions occur.<br>
• Nepotism and its cousin, hiring friends, are the leading methods of
keeping other ethnic and racial groups out of local government.<br>
• Nepotism puts officials in an awkward position when they <span>don't</span> want to hire a relative, but
feel it's expected of them. Nepotism laws protect officials as well as
the public.<br>
</div>
<br>
Nepotism also exacerbates problems. A culture of loyalty and secrecy
flourishes within families. As does crime. Nepotism in government
naturally leads to nepotism in contracting, which means a failure to
competitively bid, or bid-rigging. This can cost taxpayers millions of
dollars a year.<br>
<br>
Nepotism provisions will anger many people, especially in the uniformed
departments, but they are extremely important. I question whether the
penalty should be so strict, and I certainly don't feel that, as in
Missouri, a formal complaint should have to be filed and a criminal
prosecution sought. There are almost no factual issues involved in
nepotism, as long as it is clear who is considered a relative
(suggestion: no mention of consanguinity or affinity). Especially if
there is a waiver provision, there are no defenses.<br>
<br>
Any person who
allows himself to be appointed or given a contract by a relative should
know that this is illegal and expect to lose the position or contract
when people find out about the relationship. And the person appointing
or giving the contract should be prepared to pay a substantial fine,
and face suspension or loss of office, especially if the relationship
was kept secret.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
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