Q Will it violate the nepotism statute if the mayor and council appoint a councilperson’s spouse to the municipal school board, if the related councilperson does not participate in the confirmation process and the prospective appointee waives the right to the per meeting stipend or salary?

A Recusal is irrelevant to nepotism issues under Section 25-1-53. The person is related by blood or marriage within the third degree to a member of the appointing board, and a school board member is an officer under the statute, so the appointment is a violation if the proposed appointee accepts payment of any public funds. A violation may be avoided, but only if the appointee waives all salary or per diem, as well as payment in reimbursement for “expenses and travel . . . otherwise available to school board meetings and any training sessions or regional or national education meetings” from public funds. (Attorney General’s Opinion to Hammack, April 10, 2015)