Nepotism/Employ/Advance

Question 1

What governs?

Answer 1

NEPOTISM/EMP/ADV

112. 3135

Question 2

What are 3 key points re: prohibited advancing under 112.3135?

Answer 2

NEPOTISM/EMP/ADV
-----------
PO can't:
(1)  Appoint, employ, promote, or advance, 
or 
(2)  Advocate the appointment, employment, promotion, or advancement 
of 
(3)  A relative.

Question 3

How does 112.3135 define “relative”

Answer 3

NEPOTISM/EMP/ADV
-----------
'Relative' means everybody, steps, halfs + in-laws.
Father		Mother
Fath-IL		Moth-IL
Step-Fath	Step-Moth

Son Daugh
Son-IL Daugh-IL
Step-Son Step-Daugh

Bro Sis
Bro-IL Sis-IL
Step-Bro Step-Sis
Half-Bro Half-Sis

Uncle Aunt
Nephew Niece
1st cousin

Question 4

Who is missing from Nepotism’s definition of “relative”?

Answer 4

Grands + spouse’s stepmom advance grandly.

Question 5

What does it prohibit?

Answer 5

PO cannot advocate, recommend, a relative for hiring, advancing, appointment.

Question 6

NEPOTISM/EMP/ADV

———–
State 2 situations permissible under the anti-nepotism statute.

Answer 6

#1). City Councilman can vote to appoint his wife to an advisory board if (a) the board is not zoning or land planning & (b) the MUNICIPALITY has a population less than 35k.
—-
See FS 112.3135(2)(a) & Kinzer v State Commission on Ethics, 654 So. 2d 1007 (Fla. 3d DCA 1995).
—-
#2). 2 relatives can be employed within the same agency.

Question 7

When does it not apply?

Answer 7

NEPOTISM/EMP/ADV
-----------
Independent contractors (b/c says "within an agency")
&
State of emergency.

Question 8

NEPOTISM/EMP/ADV
Exception.

Answer 8

State of emergency.

Question 9

Dfn. “Relative”

Answer 9

Grands + spouse’s stepmom advance grandly.
———–
Everyone else stays behind.
Includes in-laws, halfs + steps, aunts, uncles, nieces, nephews.
Notably missing are: granddaughter or grandson + spouse’s stepmom!