Section 2.13 Nepotism—A Special Category of Forfeiture When Appointing Relatives

• Library: Local Government Deskbook (2017 Ed.)

D. (§2.13) Nepotism—A Special Category of Forfeiture When Appointing Relatives

Nepotism is the appointment or hiring of any relative to public office or employment within the fourth degree of relationship by consanguinity or affinity. Mo. Const. art. VII, § 6. Violations of article VII, § 6, result in the forfeiture of office or employment by the individual appointing or hiring a relative within the fourth degree. The Attorney General has rendered numerous opinions on the subject of nepotism. See, e.g., Op. No. 161-2001, 2001 WL 429831 (Apr. 18, 2001) (“A newly-elected county assessor is not guilty of nepotism by retaining a relative as an employee if that relative was employed by a prior assessor.”). This opinion is also available at:

https://ago.mo.gov/other-resources/ag-opinions/opinions-2000---2009/2001-opinions

Article VII, § 6, is self-enforcing and, accordingly, a quo warranto proceeding is an appropriate remedy for enforcing...