What is Nepotism?

Nepotism is defined by Montana Code as “the bestowal of political patronage by reason of relationship rather than of merit” MCA 2-2-301. The aim of Montana’s nepotism statute is to “prevent favoritism and conflicts of interest by public agencies in hiring, and to concentrate on the applicant’s merit and qualifications.” Montana’s nepotism law covers any “person or member of any board, bureau, or commission or employee at the head of a department of this state or any political subdivision of this state” MCA 2-2-302. Cities and towns are considered political subdivisions of the state. A public official may not vote on the appointment of an individual who is related to an official within the fourth degree by consanguinity (relationships by blood) or by affinity within the second degree (relationships by marriage). The following 
tables indicate degrees of consanguinity and affinity:
Montana Municipal Officials Handbook 82
Relationship of Consanguinity
Person 1st Degree 2nd Degree 3rd Degree* 4th Degree*
Father 
Mother 
Sons 
Daughters
Brothers Sisters 
Grandparents 
Grandchildren
Great- -
grandparents 
Uncles*
Aunts* 
Nephews 
Nieces
Great-grandchildren
First cousins
Great-great-grandparents 
Great uncle*
Great aunt* 
Grandnephew 
Grandniece
Great-great-grandchildren
* An aunt, uncle, great aunt or great uncle is related to a person by consanguinity only if he or she is the sibling of the person's parent or grandparent.
Relationship of Affinity
Person 1st Degree 2nd Degree
Spouse 
Father‐in-law 
Mother-inlaw 
Son‐in-law
Daughter‐in-law
Stepson 
Stepdaughter 
Stepmother 
Stepfather
Brother‐in-law 
Sister‐in-law
Spouse's grandparent 
Spouse’s grandchild
Grandchild's 
spouse 
Spouse of 
grandparent
The nepotism statutes prohibit a public official from appointing a close relative of certain public officials to a “position of public trust or emolument” MCA 2-2-302. A public office is a public trust. The word “emolument…is a comprehensive term meaning the profit arising from any office or employment, whether received in the form of salary, fees or other advantage.” In summary, any question regarding nepotism in hiring, appointment, supervision and/or contracting for services should be reviewed by legal counsel as there are a few exceptions to 
the general prohibition.
Sample Nepotism Policy
No employees will be appointed in a manner inconsistent with the nepotism laws and definitions as outlined in 2-2-3, MCA, [ALSO INSERT LOCAL ORDINANCES IF RELEVANT.