Montana Attorney General Opinion 15-100

Opinion No. 100 Nepotism-Relationship R~quired. HELP: Employment by road super- \"isor of person not relatetl to him, al- though related to county commissioner, where no agreement exists with the county commissioner, is not in viola- tion of the Kepotism Act. March 6, 1933. You have submitted the following faets, and request for opinion of this office: Thomas p. McGrath is one of the county eommlSSlOners of Deer Lodge County. His son, William Mc- Grath has been an employee of thc county off and on for a number of years, and has also worked for the Montana Highway Commission, and is reported to be a very competent high- way employee. Charles Ralston, a road supervisor for one of the road districts of Deer Lodge County, wishes to employ William McGrath for road work, driv- ing a Caterpillar tractor. The father has made no agreement whatever with the road supervisor, in fact is inclined to object to the employment rather than consent to it. The question you have asked is whether or not such em- ployment by Charles Ralston would be ill violation of the so-called Xepotism Act, Chapter 12, Laws of 1933. Section 1626 of the Revised Codes of ~lontana of 1021 pro\'ides: ""-hene\'er it becomes necessary for any road supen-isor, in the repairing of any pub- lic highway in his district, to secure the as&istance of other persons, he shall be empowered to employ suitable la- borers, teams, and implements * * •. " Section 2 of the Nepotism Act, pro- yides: "It shall further be unlawful for any person or any member of any board, bureau or commission, or em- ployee of any department of this state, ur any political subdivision thereof to enter into any agreement or any prom- ise with other persons or any members of any boards, bureaus or commissions, or employees of any department of this state or any of its political subdivi- sions thereof to apPolllt to any position OPINIONS OF THE ATTOH::\EY GENEHAL 81 of trust or emolument any person or persons related to them or connected with them hy consanguinity within the fourth degree, or by affinity within the ~eeond degree." Inaf>"Dluch as there has been no agreement whate\'er between tbe coun- ty commissioner and the road super- visor and inasmuch as there is no re- lationsbip whatever between Cbarles Halston, road supervisor, and 'ViIliam :\IeGrath, the employee, it is my opin- ion that such employment would not in any way be a violation of Chapter 12, ~upra.