--- title: What is Nepotism? description: Montana law prohibits hiring close relatives in public positions of trust. Learn how municipalities can comply with nepotism rules and avoid conflicts of interest. --- [Skip to content](https://www.lgc.montana.edu/knowledge-base/what-is-nepotism#main-content) English Show submenu for translations [More support](https://www.lgc.montana.edu/knowledge-base/kb-tickets/new?hsLang=en) [Ticket System Portal](https://lgc.montana.edu/tickets-view?hsLang=en) [![LGC Color-1](https://www.lgc.montana.edu/hs-fs/hubfs/LGC%20Color-1.png?width=100&height=100&name=LGC%20Color-1.png)](https://www.montana.edu/extension/localgov/index.html) - [Submit a Ticket](https://www.lgc.montana.edu/knowledge-base/kb-tickets/new) - [View Tickets](https://lgc.montana.edu/tickets-view) - [Subscribers Portal](https://lgc.montana.edu/_hcms/mem/login?redirect_url=https%3A%2F%2Flgc.montana.edu%2Ftickets-view%3FhsLang%3Den) Open main navigation Close main navigation - [Submit a Ticket](https://www.lgc.montana.edu/knowledge-base/kb-tickets/new) - [View Tickets](https://lgc.montana.edu/tickets-view) - [Subscribers Portal](https://lgc.montana.edu/_hcms/mem/login?redirect_url=https%3A%2F%2Flgc.montana.edu%2Ftickets-view%3FhsLang%3Den) - English Show submenu for translations - [More support](https://www.lgc.montana.edu/knowledge-base/kb-tickets/new) - [Ticket System Portal](https://lgc.montana.edu/tickets-view) - [Request a Training](https://40zxa7.share-na2.hsforms.com/2mMH41wA3QYGtjwc4OPWO3w) [Request a Training](https://40zxa7.share-na2.hsforms.com/2mMH41wA3QYGtjwc4OPWO3w) How can we help you? - There are no suggestions because the search field is empty. 1. [MSU Extension Local Government Center](https://www.lgc.montana.edu/knowledge-base?hsLang=en) 2. [FAQs](https://www.lgc.montana.edu/knowledge-base/faqs?hsLang=en) January 12, 2026 # What is Nepotism? ## Understanding Nepotism Laws: Ensuring Fair Hiring in Montana Municipalities 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. - [FAQs](https://www.lgc.montana.edu/knowledge-base/faqs?hsLang=en) - [Process guides](https://www.lgc.montana.edu/knowledge-base/process-guides?hsLang=en) - [White papers](https://www.lgc.montana.edu/knowledge-base/white-papers?hsLang=en#main-content) - [Voter Review](https://www.lgc.montana.edu/knowledge-base/white-papers?hsLang=en#voter-review) - [Glossary of terms](https://www.lgc.montana.edu/knowledge-base/glossary-of-terms?hsLang=en) - [Product or service descriptions](https://www.lgc.montana.edu/knowledge-base/product-or-service-descriptions?hsLang=en) - [Online Courses](https://www.lgc.montana.edu/knowledge-base/online-courses?hsLang=en) - [LGC Services and Pricing](https://www.lgc.montana.edu/knowledge-base/service-and-pricing) - [Request a Training](https://40zxa7.share-na2.hsforms.com/2mMH41wA3QYGtjwc4OPWO3w) - [Ask the LGC Team a Question](https://40zxa7.share-na2.hsforms.com/2_ory1YLOQQe3qA3hzpNAkg) [![LGC Color-2](https://www.lgc.montana.edu/hs-fs/hubfs/LGC%20Color-2.png?width=100&height=100&name=LGC%20Color-2.png "LGC Color-2")](https://www.montana.edu/extension/localgov/index.html) Resources prepared by the MSU Extension Local Government Center are intended for educational purposes only and do not constitute legal advice. For interpretation or application of the law, please consult qualified legal counsel. The Montana State University Extension Service is an ADA/EO/AA/Veteran’s Preference Employer and Provider of Educational Outreach. Copyright © 2026