Q The board of aldermen appointed the sister-in-law of one alderman as city clerk. Prior to her taking the oath of office, the related alderman resigned from the board. If the alderman runs for reelection and wins, will the nepotism statute still apply, since the relative will have taken office when the alderman was not in office?

A Section 25-1-53, which prohibits nepotism, would require either the reelected alderman or the city clerk to resign from office. The appointment of the clerk occurred when the board voted to hire her, not when she took the oath of office. Therefore, the exception for relatives already employed or appointed after a relative is elected does not apply. (Attorney Generalís Opinion to Gibson, February 1, 2013)