In the absence of a town policy or ordinance, is there any restrictions on
hiring or promoting a relative of a board member if the board member
abstains from the vote?

--

Jeffrey L. Edwards |
Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC
105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the
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Section 8-106 of Title 11 prohibits a plural authority - such as a city council - from appointing the relative of "any one of its members" to any office. Under such a broad prohibition, the abstention of the member who is related to the proposed appointee would not be sufficient to overcome the prohibition contained in section 8-106 as, in effect, the council is, as a unit, barred from appointing the person.

If you'll permit the metaphor: a single apple ruins the whole bunch.

JTH

John Tyler Hammons
Hammons Hamby & Price, PLLC
(918) 683-0309

Sent from my iPhone

From: Jeff Edwards via Oama oama@lists.imla.org
Sent: Thursday, February 15, 2024 5:12 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Nepotism

In the absence of a town policy or ordinance, is there any restrictions on hiring or promoting a relative of a board member if the board member abstains from the vote?

--

Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC

105 East Ray Fine Blvd, Suite N
P.O. Box 170
Roland, OK 74954
P: 918-323-4351 | F: 918-518-0504
jeff@flynnedwardsoneal.commailto:jeff@flynnedwardsoneal.com

CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited.  If you received this communication in error, please contact the sender and delete the material from any computer.

Hiring is clearly unlawful under 8-106 (provided they are related within the 3rd degree). But promotion of someone who was already employed before their 3rd degree relative was elected/appointed to the governing body is also expressly addressed in 8-106: “ The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein.”

I would recommend abstaining but under the statute the person can seek promotion - so it would seem that there’s nothing preventing the relative from voting on that promotion. These provisions typically make it unlawful for the city to do something. It doesn’t matter if the relative votes or abstains when it comes to appointment, so arguably it doesn’t matter for promotion.

Sent from Matt’s iPhone

On Feb 15, 2024, at 5:12 PM, Jeff Edwards via Oama <oama@lists.imla.org> wrote:

In the absence of a town policy or ordinance, is there any restrictions on hiring or promoting a relative of a board member if the board member abstains from the vote?

--
Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC

105 East Ray Fine Blvd, Suite N

P.O. Box 170

Roland, OK 74954

P: 918-323-4351 | F: 918-518-0504

jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

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Thanks for the information everyone!!
Sent from my iPhone

On Feb 15, 2024, at 8:50 PM, Matt Love <matt.love@gmail.com> wrote:

Hiring is clearly unlawful under 8-106 (provided they are related within the 3rd degree). But promotion of someone who was already employed before their 3rd degree relative was elected/appointed to the governing body is also expressly addressed in 8-106: “ The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein.”

I would recommend abstaining but under the statute the person can seek promotion - so it would seem that there’s nothing preventing the relative from voting on that promotion. These provisions typically make it unlawful for the city to do something. It doesn’t matter if the relative votes or abstains when it comes to appointment, so arguably it doesn’t matter for promotion.

Sent from Matt’s iPhone

On Feb 15, 2024, at 5:12 PM, Jeff Edwards via Oama <oama@lists.imla.org> wrote:

In the absence of a town policy or ordinance, is there any restrictions on hiring or promoting a relative of a board member if the board member abstains from the vote?

--
Jeffrey L. Edwards | Attorney at Law

FLYNN, EDWARDS, & O'NEAL, PLLC

105 East Ray Fine Blvd, Suite N

P.O. Box 170

Roland, OK 74954

P: 918-323-4351 | F: 918-518-0504

jeff@flynnedwardsoneal.com
CIRCULAR 230 DISCLOSURE: In compliance with the requirements imposed by the IRS pursuant to IRS Circular 230, you are hereby informed that any U.S. Tax advice contained in the foregoing communication (including attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential or privileged material. Any review, distribution, or other unauthorized use of the information by persons or entities other than the intended recipient is prohibited. If you received this communication in error, please contact the sender and delete the material from any computer.

--
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